GIFT  or 
Pacific  Coast 
Journal  of  Nursing 


BULLETIN 

...     ...     ... 

OF  THF 

STATE  BOARD  OF  HEALTH  OF  KENTUCKY 


EDITED  AXU    1TIM.ISHED  BY 

Tin: 

BOARD. 

VOLUME  VIII. 

OCTOBER,   1919 

No.  9 

Ptlbli 

Monthly. 

Editorial  and  Bui                         B.  B.  Cor. 
matter   at    U                Office  at    Louisville 

appiit-.i  for. 

ftth  A   .Main, 

.    Kentucky, 

THE  PUBLIC  HEALTH  MANUAL 


1.  1 1  ciilt  li  Laws* 

2.  Rules  ami   Herniations. 

3.  Court  Decisions, 

4.  Medical    Laws. 

5.  Court  Decisions. 

(>.  Index. 


Mailed  to  any  <  itizen  of  the  State  for  the  asking.   Advise  us  of  a  change  of 

address.     Circulation,  25,000   i  it ivo  people  of  Kentucky. 

TO  BE  PRESERVED. 


PUBUd 
HEALTH 
LIBRARY 


GIFT  PA01FI0  OOAST  JOURNAL 
OF   NUBSING  TO  HYGE1NE  DEPT 


THE  STATE  JOURNAL  COMPANY 

Printer   to   the   Commonwealth 

Frankfort,    Kentucky. 


STATE  BOARD  OF  HEALTH  OF  KENTUCKY 


DR.  JNO.  G.  SOUTH  _ .Frankfort 

DR.  WM.  W.  RICHMOND  Clinton 

DR.  GEO.  T.  FULLER  Mayfleld 

DR.  ISAAC  A.  SHIRLEY _ Winchester 

DR.  HENRY  H.  CARTER  Shelbyville 

DR.  GEO.  S.  COON  Louisville 

DR.  JOS.  E.  WELLS  Cynthiana 

DR.  A.  T.  McCORMACK  Louisville 

Officers  and  Bureaus. 

DR.  JNO.  G.  SOUTH President 

DR.  A.  T.  McCORMACK Secretary 

Bureau  of  Sanitation. 
DR.  JOS.  N.  McCORMACK,  Director Louisville 

Bureau  of  Vital  Statistics. 

DR.  PHILIP   HL  BLACKERBY,  Director Louisville 

MISS  NETTIE  FERGUSON,  Assistant Louisville 

Bureau  of  Epidemiology  and  Bacteriology. 

DR.  LILLIAN  H.  SOUTH,  Director Louisville 

MISS   NFLLIE   PETERSON,  Assistant Louisville 

Bureau  of  Tuberculosis. 
DR.  a  C    WILSON'.  Director  Louisville 

Bureau  of  Pure  Food  and  Drugs. 

I  Hi.  J.  (J.  FURNISH,  Director  Louisville 

MR.  J.  W.   McFARLAND,  State  Food  Inspector  Louisville 

MR.  .1    c.    PORTBR,   State  Drug  and     Food    Inspector Louisville 

Public  Health  Laboratories. 

PROF.  J.  O.  LA  BACH,  Director Lexington 

PROF.  L.  A.  BROWN,  Chemist  Lexington 

Prof.  W.  R.  PINNELL,  Bacteriologist Lexington 

MR.  N.  U.  CREGOR,  Assistant  _ Lexington 

Bureau  for  the   Conservation   of   Vision. 

SURGKON  JOHN  McMULLEN,  U.  S.  P.  H.  S.,  Director Louisville 

P,  \s.  I  BX7RG.  JOS.  C.  JOHNSTON,  in  charge  of  Trachoma  Hos- 
pital    Greenville 

l\  ASST.  SURG.  R.  \V.  RAVXOR.  in  charge  of  Trachoma  Hos- 
pital   Pikeville 

A  ASST  BURG.  FRANK  (J.  BLLIS,  in  charge  of  Trachoma  Hos- 
pital      Jackson 

Bureau  of  Venereal  Diseases. 

DR  LBON  L.  SOLOMON,  Director  Louisville 

DR.  MILTON  BOARD,  Director  Louisville 

Bureau  of  Hotels  and  Restaurants. 
MR.  E.  B.  WEITZEL,  Director Louisville 

Bureau  of  Public  Nursing. 

MRS.  LAFON  RIKER,  Director  Harrodsburg 

MISS  MARIAN  WILLIAMSON,  State  Supervisor Louisville 

MISS  MARTHA  DARNABY,  Assistant  State  Supervisor Louisville 

Bureau  of  Child   Welfare. 
MR.  GEO.  I.    BEHON,  Director Louisville 

Bureau  of  Housing. 
MR.  J.  C.  MURPHY,  Director Louisville 


743557 


Health  Laws  of  Kentucky 

CHAPTER  63,  KENTUCKY  STATiTKs.  as  AMENDED  IN  1918 


Preamble 


Whereas,  accurate  official  reports  from  all  of  the  counties  in 

Kentucky  for  the  seven  years  the  vital  statistics  law  has  been  in 
operation  show  a  steady  average  of  sixty  per  cent,  of  sickness  and 

forty-sewn  per  cent,  of  deaths  from  communicable  diseases,  which 

with  existing  knowledge  can  and  ought  to  he  prevented,  more 
than  one-half  of  this  .sickness  and  these  deaths  occurring  in  persons 
in.  or  just  approaching,  the  most  productive  period  of  life,  many 
of  them  young  mothers  and   fathers;  and. 

Whereas,  official  reports  to  the  Judge  Advocate  General  of  the 
United  States  army  during  the  operation  of  the  recent  draft  law 

show  that  one  third  of  the  young  men  of  Kentucky  between  the 
ages  of  twenty  and  thirty  years  have  such  physical  defects  as 
render  them  unfit   for  service  to  our  country   in  time  of  need;  ami. 

Whereas,  ninety-four  per  <'<-nt.  of  these  defects  are  shown  to 
have  been  remediable  by  the  application  of  simple  methods  of  pre 

ventive  treatment  ;  and, 

Whereas,  many  of  these  young  men  are  as  definitely  unfitted  for 
effective,   productive   Citizenship   as   they   are   for  soldiers;  and, 

Whereas,  the  fiscal  condition  of  the  Commonwealth  demands 
that  all  its  affairs  shall  be  conducted  with  Hi<v  strictest  regard  for 
economy  and  efficiency  and  witli  the  use  of  as  few  offices  and 
officers  as  can  do  the  absolutely  necessary  work  ;  and. 

Whereas  mosi  of  the  functions  of  government  in  a  democratic 
Commonwealth  should  be  performed  and  conducted  by  the  smaller 
units  of  the  people  themselves,  and  under  their  immediate  super- 
vision ;  and. 

Whereas,  this  ean  be  done  by  consolidating  all  existing  activi- 
ties in  tin'  State  performing  health  functions,  and  by  codifying  the 
health  laws  go  that  all  their  duties  will  he  imposed  on  one  central 
authority,    in    the    interest    of    hoth    efficiency    and    economy;    now. 

ther<  • 


HEALTH  LAWS  OF  KENTUCKY 


Number    of 
members.    , 
Appoint- 
ment. 
Secretary. 


Term   of 
office. 
Vacancy. 
How  filled. 


Powers  and 

duties. 

Quarantine 

established. 

Common 

carriers  to 

obey. 

Penalty. 


Sec.  2047.  A  board  to  be  known  as  the  State  Board 
;  of :  Health  is  hereby  established.  It  shall  consist  of 
eight  members,  all  of  whom  shall  be  legally  qualified 
'  praetvtjoiiers  under  this  act,  seven  of  whom  shall  be 
appointed  by  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate,  and  the  eighth  member, 
who  shall  be  the  secretary  and  executive  officer,  shall 
be  elected  by  the  board  and  by  virtue  of  his  office  of 
secretary  shall  be  a  member  of  the  board.  One  mem- 
ber of  the  board  shall  be  a  homeopathic,  one  an  electic 
and  one  an  osteopathic  physician,  and  the  other  ap- 
pointive members  shall  be  regular  or  allopathic  phy- 
sicians, all  to  be  appointed  by  the  Governor  from  lists 
of  three  names  for  each  vacancy,  furnished  respective- 
ly by  the  state  society  or  association  of  such  schools 
or  systems  of  practice  as  are  entitled  to  the  member, 
and  the  successors  of  such  members  shall  be  appointed 
in  the  same  manner.  If  the  board  shall  elect  one  of 
its  members  secretary,  as  it  may  do,  the  Governor 
shall  appoint  another  member  to  complete  the  full  num- 
ber of  the  board.  The  president  and  secretary  shall  have 
authority  to  administer  oaths  for  the  purposes  of  this 
act,  and  the  members  of  the  board  shall  before  entering 
upon  the  discharge  of  their  duties  take  the  oath  pre- 
scribed by  the  Constitution  for  State  officers. 

Sec.  2048.  The  present  board  shall  continue  in 
office  until  their  respective  terms  expire;  and  as  the 
terms  of  members  expire,  their  successors  shall  be 
appointed,  as  herein  provided,  and  shall  hold  office  for 
six  years  and  until  their  successors  are  appointed.  A 
vacancy  in  the  board  may  be  filled  by  the  Governor 
until  the  next  regular  session  of  the  General  Assembly. 

Sec.  2049.  The  board  shall  have  general  super- 
vision of  the  health  of  the  citizens  of  this  state,  and 
endeavor  to  make  intelligent  and  profitable  use  of  the 
collected  records  of  the  causes  of  sickness  and  death 
among  the  people.  They  shall  make  sanitary  investi- 
gations and  inquiry  concerning  the  causes  of  disease, 


HEALTH  LAWS  OF  KENTUCKY 

and  especially  of  epidemics  and  endemics;  the  causes 
of  mortality,  and  the  effects  of  locality,  employments, 
conditions,  food,  water  supply,  habits  and  other  cir- 
eumstanees  upon  the  health  of  the  people.  They  shall 
make  sanitary  inspection  and  surveys  of  such  places 
and  localities  as  they  deem  advisable;  and  when  they 
may   believe  that   there  is  a  probability   that  any  in- 

>US  or  contagious  disease  will  invade  this  state 
from  any  other  state  or  country,  it  shall  be  their  duty 
t<»  take  such  action  and  adopt  and  enforce  such  rules 
and  regulations  as  they  may,  in  the  exercise  of  their 
discretion,  deem  efficient  in  preventing  the  introduc- 
tion or  spread  of  such  Infectious  or  contagious  dis- 

or  diseases,  within  this  state.  The  better  to  ac- 
complish sm  h  ol  they  are  empowered  and  di- 
.lilisli  and  strictly  maintain  quarantine  at 
such    placet    as    they    deem    proper;    and    are    further 

empowered  to  make  and  enforce  rules  and  regulations 
t<.  oh  nid   prevent   the  introduction  or  spread 

of   infections   or  Contagious   discai  'f   within   the 

They  may  establish  quarantine  ground  in  some 
suitable  place  and  establish  the  quarantine  to  he  ob- 

d    in    lUCh    locality:   and    may    there   cause    to    he 

mporary  buildings  or  hospitals  necessary  §01 

the  medical  treatment  of  any  persons  who  may  be  kept 

in  quarantine  and  affected  with  contagious  or  in- 
fections  diseases.    for   the    inspection   or  disinfection  of 

lers'  baggage,  merchandise  and  articles  in  tran- 
sit througfc  such  quarantine  grounds  or  stations,  and 
they  may  enforce  inspections  of  persons  and  articles 

at  sii.-h  stations  or  ground*,  as  well  as  the  purification 

of  persona,  baggage,  and  articles,    and    require    the 

transportation  of  passengers  from  said  quarantine 
station  :  and  shall  assign  the  charge  and  control  of  each 
quarantine  station  to  a  competent  physician  and  his 

01    employes,    who    shall    receive 
such   compensation  as  the  board  may  fix  as  the  value 

of  their  services.  All  companies  or  individuals  operat- 
ing "j-  controlling  railroads,  steamboats,  coaches,  pub- 


HEALTH  LAWS  OF  KENTUCKY 


Meetings  to 
be  held 
semi- 
annually. 
Quorum. 
Adoption    of 
rules. 

Powers  and 
duties. 


Members 
sent  on  duty 
to  be  paid. 


lie  and  private  conveyances,  and  steamers  plying  the 
Ohio  river  or  its  tributaries  in  this  State,  shall  obey 
the  rules  and  regulations  when  made  and  published 
by  the  State  Board  of  Health;  and  any  owner  or  per- 
son having  charge  of  any  railway  train,  passenger 
coach,  steamboat,  or  public  or  private  conveyance, 
who  shall  refuse  to  obey  such  rules  and  regulations 
when  made  and  published  by  the  State  Board  of 
Health,  shall  be  guilty  of  a  misdemeanor,  and  for  each 
offense  shall  be  punished  by  a  fine  of  not  less  than 
fifty  nor  more  than  five  hundred  dollars,  or  be  im- 
prisoned in  the  county  jail  not  less  than  ten  nor  more 
than  sixty  datys,  or  both  so  fined  and  imprisoned- 

Sec.  2050.  The  board  shall  hold  its  meetings  semi- 
annually at  such  places  and  times  as  the  majority  of 
the  board  may  determine  by  a  vote  taken  at  the  previ- 
ous meeting  of  the  board ;  a  majority  of  the  members 
shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness ;  they  shall  elect  the  president  of  the  board  from 
their  own  number,  and  may  adopt  rules  and  by-laws 
subject  to  the  provisions  of  this  law.  They  are  au- 
thorized to  send  either  the  secretary  or  a  special  com- 
mittee of  the  board  to  consult  and  co-operate  with  the 
National  Board  of  Health,  the  state  boards  of  health 
of  other  states,  or  other  sanitary  organizations,  with 
reference  to  location,  drainage,  water  supply,  the  dis- 
posal of  excrement  and  garbage,  the  heating  and 
ventilation  of  public  and  private  buildings;  and  the 
board  is  empowered  to  co-operate  with  other  State 
boards  of  health  in  prosecuting  sanitary  investigations, 
and  whenever  requested,  shall  afford  information  to 
any  community  as  to  the  proper  methods  of  ventilat- 
ing and  heating  the  public  buildings  and  school  houses 
of  the  State. 

Sec.  2051.  Whenever  the  state  board  of  health 
shall  deem  it  necessary  to  send  any  member  or  mem- 
bers of  said  board  to  an}^  place  in  the  State,  for  the 
purpose  of  establishing  quarantine,  or  to  make  any 
sanitary  investigation  or  survey,  said  board  may  allow 


HEALTH  LAWS  OF  KENTUCKY 

such  member  or  members  so  sent  a  reasonable  com- 
pensation, to  be  paid  out  of  the  appropriation  made  by 
this  law. 

52.    The  secretary  .shall  be  elected  by  the  IgSSJ*- 
members    composing    the    state    board    of    health    on  o?d  removal 
the    firsl     Monday    in  January,    one    thousand    eight    ?,ftyf and 
hundred  and   ninety-live,  and  shall   hold  his  office  for 

a  term  of  four  years,  and  until  Ids  8  shall  have 

been  elected  He  shall  keep  his  office  at  some 
rally  located  place  in  this  state,  designated  by 
the  board,  and  shall  perform  the  duties  prescribed  by 
this  law  or  required  by  the  board,  lb*  shall  keep  a 
record  of  the  transactions  of  the  board;  shall  have  the 
custody  of  all  books,  papers,  documents  and  other 
property  belonging  to  the  board  which  may  be  de- 
posited in  his  office i  shall,  so  far  as  practicable,  com- 
municate with  other  state  boards  of  health,  and  with 
the  local  boards,  within  this  state;  shall  keep  on  file 
all  reports  I    from  such   boards,  and  all  cor- 

respondence  of  the  office  appertaining  to  the  business 

:  :  he  shall,  so  tar  as  possible,  aid  in  obtain 
ing  contributions  to  the  library  <»f  the  board;  shall 
prepare  bis  irns,  and  rach  instructions 

a^  may  be  i  ;.  and  forward  them  to  the  local 

boards  of  ?  all  collect   information  con- 

cerning  \it::  knowledge  respecting  disease 

and  all  useful  information  on  the  subject  of  hygiene; 

and    through   an   animal    report,   and    otherwise,   as  the 

•    BUCh    information 

among  the  p  ad  shall  supply,  on  demand,  to  local 

boards  of  health,  reliable  vaccina  vims  for  the  gratui- 
tous vaccination  of  the  porn-. 

DCtary   shall    receive  an  annual     Salary  of 
*  secretary. 

Balary.    which    -hall    be    fixed    by    the  state  board   of   compensa- 
tion of 

health.  □  sding  the  sum  of  twelve  hundred  dol-   ^y^8- 

The  board   shall  quarterl;  y  the  amount 

due  him.  and  on  tation  of  Baid  certificate,  the 

Auditor  shall  draw  his  warrant  upon  the  Treasurer  for 


lvintlng. 


10 


HEALTH  LAWS  OF  KENTUCKY 


Appropria- 
tion of 
$75,000. 
Bureaus, 
salaries, 
and  other 
expenses. 


that  amount.  The  members  of  the  board  shall  receive 
no  per  diem  compensation  for  their  services,  but  their 
traveling  and  other  necessary  expenses  while  employed 
on  the  business  of  the  board  shall  be  allowed  and  paid. 
The  necessary  printing  of  the  State  Board  of  Health 
shall  be  done  in  the  same  way  and  upon  the  same  con- 
ditions as  other  public  printing  is  done. 

See.  2054.  (1.)  That  the  sum  of  seventy-five 
thousand  dollars  per  annum,  or  so  much  thereof  as  may 
be  found  necessary  by  the  state  board  of  health,  is 
hereby  appropriated  for  the  use  of  such  board  to 
establish  and  maintain: 

a.  A  bureau  of  tuberculosis  for  the  study,  pre- 
vention and  treatment  of  that  disease. 

b.  A  bureau  of  vital  statistics,  that  the  causes 
of  sickness  and  mortality  and  records  of  births  may 
be  promptly  reported,  utilized  and  permanently  re- 
corded. 

c.  A  bureau  of  pure  food  and  drugs,  to  protect 
the  people  from  adulterations,  substitutions  and  mis- 
branding, and  dangers  from  these  products. 

d.  A  bureau  of  sanitation,  for  the  practical 
utilization  of  health  knowledge  in  preventing  and  re- 
stricting the  spread  of  the  communicable  diseases  and 
in  abating  and  minimizing  the  causes  of  sickness,  in- 
cluding venereal  diseases,  and  for  the  study  and  con- 
trol of  unsanitary  housing,  hotel  and  rooming  con-. 
ditions,  and  for  the  protection  of  the  rivers,  creeks, 
water  sheds,  springs,  wells,  and  the  regulation  of  sew- 
ers, household  waste  and  other  matters  relating  to  the 
sources  and  purity  of  the  water  supplies  in  every  sec- 
tion, and  the  board  is  empowered  in  its  rules  and 
regulations  to  provide  for  the  protection  and  purifica- 
tion of  the  same. 

e.  A  bureau  of  epidemiology  and  bacteriology  to 
aid  in  the  study,  early  diagnosis,  location  and  preven- 
tion of  epidemics  and  communicable  sickness. 

f.  A  bureau  of  hotel  inspection  for  the  inspec- 


HEALTH  LAWS  OF  KENTUCKY 


11 


tion  of  hotels  and  restaurants  of  this  Commonwealth 
to  determine  their  sanitary  condition,  and  make  such 
reports  and  take  such  action  as  may  be  necessary  to 
protect  tin*  health  and  lives  of  the  public  under  the 
laws  of  this  Commonwealth  and  the  rules  and  regula- 
tion! of  the  state  and  local  boards  of  health. 

And  pay  the  salaries  of  its  secretary  and  the  heads 
of  these  bureaus,  who  shall  be  elected  for  a  term  of 
four  years,  and  of  such  clerks,  stenographers,  inspectors 
and  other  employees  as  it  may  find  actually  accessary, 
and  to  pay  the  traveling  and  such  other  expenses  of  the 
board  SS  i\  may  find  necessary  in  the  proper  discharge 
of  its  duties:  an  itemized  list  of  all  expenditures  under 

aei  to  be  made  in  its  report  to  the  General  As- 
sembly, 

To  arrange   for  an  annual   School    for  eounty  and 

ri;y  health  officers,  at  some  centrally  located  place,  for 

antic  instruction  in  the  lust  practical  method  for 

ntin<_r  the  diseases  above   named,  and   other  pub- 
lic  health   work,  said   school  to   continue   in  session  at 

'lif lays;  and  it  shall  be  the  duty  of  each  city 

and   county  health  officer  to  attend -and  take  pari    in 

such  schools  unless  prevented  by  an  epidemic  in  hi* 
city  or  county,  or  for  other  reasons  satisfactory  to  the 
officials  conducting  the  school,  and  it  shall  be  the  duty 
:<-li  tis.-iil  ,-ourt  op  city  council  to  pay  the  actual 
ncurred  by  its  health  officer  in 
attending  racfa  schools,  upon  certificate  duly  attested 
by  the  gate   board   of   health    of  actual   attendance 

during  the  entire  period  for  which  such  school  is  held 
and   that  the  charges  are  reasonable. 

All  warrants  and  vouchers  under  this  act  shall  be 

signed   by  the  president   and   countersigned   by  the 

secretary  of  the  board,  and  duplicates  of  all  vouchers, 

and    an    itemised    statement    of   expenditures,    shall    DC 

filed  with  the  Auditor  of  Public  Accounts.  The  sec- 
retary shall  give  bond  in  the  sum  of  teM  thousand  dol- 
lars,  Prom   a    reliable   bonding  company,   the   tv 

which    shall    he    paid    by    Said    board,    for    the    faithful 


School  for 
health 

officers. 


Warrant! 

Mill  J 

vouclc  is. 
How  paid. 


12 


HEALTH  LAWS  OF  KENTUCKY 


Compensa- 
tion for 
health 
officers. 


County  and 
district 
health  de- 
partments. 


performance  of  his  duties  and  the  proper  account- 
ing for  all  funds  coming  into  his  hands,  and  said  bond 
shall  be  filed  with  the  Auditor  of  Public  Accounts. 
The  total  expenses  of  the  board  shall  not  exceed  the 
sum  hereby  appropriated,  except  for  the  public  print- 
ing of  said  board  which  shall  be  paid  for  outside  of 
this  appropriation,  as  other  public  printing  is  now 
paid. 

(2.)  Physicians  appointed  as  health  officers  for 
cities  and  counties  shall  receive  reasonable  compen- 
sation for  their  services,  to  be  allowed  by  the  coun- 
cils, or  fiscal  courts  of  the  cities  or  counties,  and  to 
be  paid  as  other  city  and  county  officers  are  paid, 
and  such  officers  may  be  removed  at  any  time  by  the 
local  boards  appointing  them.  It  shall  be  the  duty  of 
such  local  authority  to  transmit  to  the  office  of  the 
State  board  the  name  and  post  office  address  of  each 
officer  appointed  by  it.  Any  head  of  a  family  who 
wilfully  fails  or  refuses,  or  any  physician  who  shall 
fail  or  refuse  to  report,  to  the  local  board  of  health 
cases  of  cholera,  smallpox,  yellow  fever,  scarlet  fever, 
diphtheria  or  other  epidemic  diseases  as  provided  for 
in  section  2055,  Kentucky  Statutes,  Carroll's  Edition 
of  1915,  shall  be  fined  not  less  than  ten,  nor  more  than 
one  hundred  dollars  for  each  day  he  neglects  or  re- 
fuses to  report,  and  repeated  failure  to  report  as  here- 
in provided,  including  reports  of  births  and  deaths, 
shall  be  sufficient  cause  for  the  revocation  of  a  phy- 
sician's certificate  to  practice  medicine  in  this  Com- 
monwealth. 

And  be  it  further  enacted  that  a  county  or  district 
health  department  for  the  prevention  and  control  of 
epidemics  and  communicable  sickness,  as  may  be  de- 
termined by  the  state  board,  may  be  created,  estab- 
lished and  maintained  in  and  by  counties  or  districts 
in  this  Commonwealth  in  the  following  manner : 

A  district  for  the  creation,  establishment  and 
maintenance  of  a  county  or  district  health  department 
may  consist  of  one  county,  or  two  or  more  counties 


HEALTH  LAWS  OF  KENTUCKY  13 

contiguous  to  each  other.  The  fiscal  court  of  any 
county,  or  the  body  exercising  the  functions  of  the 

,tl  court,  may  by  resolution  at  a  regular  session  de- 
clare that  such  county  shall  be  a  district  for  the  crea- 
tion, establishment  and  maintenance  of  a  county  health 
department,  and  said  fiscal  court,  upon  such  resolution 
being  passed,  shall  at  once,  out  of  the  funds  of  the 
county,  appropriate  a  sufficient  amount  for  the  crea- 
tion, establishment  and  maintenance  of  such  a  county 
health    department,    hereinafter    described    and    set 

forth  and  defined.  Or,  if  there  are  not  sufficient  funds 
on  hand  for  BUCh  appropriation  at  the  time  said  reso- 
lution is  adopted,  at  the  next  succeeding  county  levy 

such  court  shall  make  BUCh  levy  as  will  he  sufficient  to 
produce  the  necessary  amount  of  tax   for  the  creation. 

bliahment  ami  maintenance  of  said  county  depart- 

Elt  of  health,  and  shall  further  make  a  levy  for  the 
maintenance  of  such  department  of  health,  and  shall 
annually  thereafter  make  a  h'vy  of  sufficient  amount 
Of  tax   to  pay  the  annual   (  of  maintenance  of 

said    county    department    of     health:     provided,     that 

after  such  resolution  is  entered,  the  voters  within 
thirty  days  may  enter  their  protest  against  same  by 
filing  with  the  county  judge  a  petition  signed  by 
twenty  Legal  voters  requesting  that  the  establishment 

"I"   SUCh    ;i    county    health    department    he   done    by    the 

ich  county  as  herein  provided. 

The  fiscal  courts  of  tWO  or  more  COntigUOUS  coun- 

niay    by    resolution,    which    shall    be    in    full    force 

and  effect   for  two  years  awaiting  the  action  of  the 
of  one  or  more  contiguous  counties  two  or 

more  Counties  may  unite  in  the  formation  of  such  a  dis- 
trict health  department,  duly  |»;iss,m1  by  a  majority 
\ote  of  members  present,  by  each  court,  unite  said  coun- 
ties into  a  district  for  the  purpose  of  creating,  estab- 
lishing and  maintaining  a  district  department  Of  health 

for  the  prevention  and  control  of  epidemics  and  com- 
municable sirki.  determined  by  the  state  Board 

of  Health.  Said  each  court,  at  the  time  of  passing  said 


14  HEALTH  LAWS  OF  KENTUCKY 

resolution  shall  provide  an  appropriation  for  its  pro- 
portion of  the  cost  of  the  creation,  establishment  and 
maintenance  of  such  district  health  department,  to  be 
paid  by  such  county,  or,  if  the  funds  are  not  on  hand 
for  that  purpose,  shall  at  the  next  regular  meeting  of 
such  fiscal  court  at  which  a  county  levy  is  made,  levy 
a  tax  for  that  purpose,  and  also  levy  a  tax  for  the 
payment  of  the  proportionate  part  of  the  annual 
maintenance  of  said  district  department  of  health,  to 
be  paid  by  such  county,  and  shall  thereafter  make  an 
annual  levy  of  tax  sufficient  in  amount  to  pay  its 
proportion  of  the  costs  to  said  county  for  the  succeed- 
ing year. 

Where  two  or  more  counties  unite  to  form  such 
district,  the  first  cost  of  creating  and  establishing  said 
district  department  of  health  and  the  cost  of  the 
equipment  as  may  be  necessary  to  comply  with  the 
provisions  of  this  act  shall  be  paid  by  the  counties 
comprising  the  district  in  proportion  to  the  taxable 
property  of  each  county  as  shown  by  their  respective 
county  assessments.  The  annual  expense  of  main- 
tenance, as  set  forth  in  this  act,  of  such  district  health 
department,  shall  be  borne  by  each  county  reasonably 
and  equitably  in  such  amounts  as  shall  be  ascertained 
under  rules  and  regulations  of  the  State  Board  of 
Health,  which  rules  and  regulations  shall  be  such  that 
the  expense  shall  be  borne  reasonably  and  equitably 
by  each  of  the  counties  in  proportion  to  the  amount 
of  the  taxable  property  of  such  county. 
forVpopu-  If  the  fiscal  court  or  body  exercising  the  func- 

tions  of  the  fiscal  court  of  any  county  or  counties 
shall  fail  or  refuse  to  establish  a  county  or  district 
department  of  health,  as  herein  authorized,  the  citi- 
zens of  any  county,  or  of  two  or  more  contiguous 
counties,  may  have  such  county  or  such  contiguous 
counties  established  as  a  county  or  district  depart- 
ment of  health  in  accordance  with  the  provisions  of 
this  act  in  the  following  manner:  A  number  of  legal 
voters  equal  to  ten  per  cent,  of  the  total  number  of 


HEALTH  LAWS  OF  KENTUCKY  15 

rotes  east  at  the  last  regular  election  of  such  county 
may  file  their  petition  with  the  county  judge  of  such 
county  asking  that  the  proposition  of  establishing  such 
county  as  a  district  for  the  creation,  establishment 
and  maintenance  of  a  county  or  district  department  of 
health  for  the  prevention  and  control  of  epidemics 
and  communicable  sickness,  as  determined  by  the 
State  Board  of  Health,  be  submitted  to  the  voters  of 
said  county  at  the  next  general  election  which  shall 
be  held  in  said  county,  provided  that  such  general 
election   does   not    occur   within   less   than    thirty   days 

after  the  filing  of  said  petition.    Baeh  voter  signing 

said    petition    shall    state    his    full    name   and    address. 

Upon  the  filing  of  said  petition  with  the  county  judge,   meotion; 

.11,  ,  ,,-'••     how  con" 

he   shall   enter   an    order   directing   the   publication    m    ducted. 

full  of  such  petition    in    the    newspaper   having   the 
largest  circulation  in  said  county  at  least  once  a  week 
four  euns. -rut  iw   weeks   next    preceding  such  gen- 
eral   election,    and    shall    further    enter    an    order    di- 
ting  tin-   clerk   Of  the  county  curt   to  have  placed 

upon  the  ballot   at  such  election  the  question.  "Are 

you   in   fav.r  of  establishing  a   c.Minty   department  of 

health"'  with  underneath  the  words  "Yea,"  follow- 
ed by  a  square  and  "No"  followed  bj  ;i  ^inarc  for  the 
placing  of  the  stencil  of  the  voter,    if  the  majority 

Voting   on    the    proposition    to    establish    such 

nounty  department  of  health  vote  "Yea,"  then  said 
department  of  health  \'*'r  said  county  shall  he  created, 

iblished    and    maintained.     If   the   contrary,    then   it 
shall  not.    The  vote  on  sueh  question  shall  he  canvassed 

and  returned  by  the  Hoard  of  Election  Commission- 
for  raefa  general  election,  and  such  election  may  be 
COnfc  provided  by  law  for  other  contested  elec- 

tions, b;  ition  filed   in  the  circuit  court   of  such 

county  by  "lie  or  more  qualified  voters  of  said  county 
whoTOfo  fi  or  "No"  as  thi  st  may  be  had, 

and  to  which  the  members  of  the  fiscal  court  of  the 

county  shall   be   made  defendants,   together   with   such 

other  qualified  voters  .^  may  hare  voted  contrary  to 


16  HEALTH  LAWS  OF  KENTUCKY 

the  contestants  and  desire  to  be  made  parties  to  the 
contest. 

Where  the  citizens  of  two  or  more  contiguous  coun- 
ties desire  to  have  created,  established  and  maintain- 
ed a  district  department  of  health  for  the  prevention 
and  control  of  epidemics  and  unnecessary  sickness,  in 
said  counties,  not  less  than,  twenty  qualified  legal 
voters  of  each  county  shall  file  a  petition  in  the  county 
of  their  residence,  asking  that  such  a  district  depart- 
ment of  health  be  created,  established  and  maintained, 
naming  the  several  counties  to  be  united  in  creatine 
establishing  and  maintaining  such  a  district  depart- 
ment of  health.  Such  petitions  shall  be  filed  in  each 
county  of  the  proposed  district  department  of  health, 
and  the  method  of  proceeding  in  each  shall  be  the 
same  as  hereinabove  provided  for  one  county,  except 
that  the  same  proceeding  shall  be  taken  in  each  county 
for  the  general  election  to  be  held  at  the  same  time 
in  each  county,  and  the  question  placed  upon'  the 
ballot  shall  read:  "Are  you  in  favor  of  establishing 
a  district  department  of  health  ?"  If  any  one  of  said 
counties  in  the  proposed  district  shall  fail  to  vote 
"Yes"  on  the  proposition,  then  said  district  depart- 
ment of  health  cannot  be  established  unless  by  a  con- 
test of  the  election  in  such  county  it  should  be  finally 
determined  that  such  county  had  voted  "Yes."  At 
the  time  of  filing  the  petition  or  petitions,  as  the  case 
may  be,  the  petitioners  shall  deposit  with  the  county 
judge  a  sufficient  sum  of  money  to  pay  the  cost  of  ad- 
vertising hereinabove  required. 

The  result  of  any  county  election  for  the  creation, 
establishment  and  maintenance  of  a  county  or  dis- 
trict department  of  health  shall,  be  certified  to  the 
fiscal  court  of  such  county  or  to  the  fiscal  court  of 
each  of  the  counties  in  which  said  department  of 
health  is  to  be  created,  established  and  maintained, 
and  said  fiscal  court  or  courts  shall,  if  the  result  of 
said  election  be  certified  to  it  or  them  as  in  favor  of 
the  creation,  establishment  and  maintenance  of  said 


HEALTH  LAWS  OF  KENTUCKY  17 

county  or  district  department  of  health,  forthwith 
proceed  to  declare  such  county  or  counties  a  district 
for  the  establishment  of  a  county  or  district  depart- 
ment of  health,  and  shall  proceed  to  put  same  into 
effect  in  the  manner  as  a  fiscal  court  or  courts  arc 
authorized  to  do  upon  their  own  initiative  as  here- 
inabove provided,  and  the  cost  and  expenses  of  its 
itablishmenf  and  maintenance  shall  follow 
in  all   manners  the  same  as  hereinabove  provided. 

Upon  the  creation  of  such  county  or  district  de- 
partment of  health,  the  fiscal  court  of  the  county,  or 
the   fiscal   courts  of   the  several   counties,   where   more 

than  one  county  took  action  as  herein  provided  to 
blish  and  maintain  a  district  health  depart- 
ment,   shall    at    one-    notify    llie   state    hoard    of    health 

■  ii  ol  the  county  or  counties  to  create,  es 
tabljsh  and  maintain  a  county  or  district  health  de- 
partment. 

[1  is  farther  provided  thai  such  a  district  depart 
'!?   «.f  health  may  he  established   in  two  or  more 
contiguous  counties  if  one  or  more  said  counties  shall 
by  resolution  duly  passed  by  its  fiscal  court  or  body 

iming  the   Functions  of  the   fiscal   court   declare  its 
ntion   of  creatii  'Mine:  and    maintaining  a 

district  health  department  in  two  or  more  contiguous 

counties,  and   the  other  or  remaining  county  or  coun- 

by  a  vot.'  of  its  citizens  as  herein  provided 

ermine  to  cr-  |  district  department  of  health. 

rided  that   when  a  county  hy  a  vote,  of  its  citizens 

shall  vote  in  a  general  election,  as  herein  provided 
lust  creating,  establishing  and  maintaining  a  county 

distrii  t    department   of  health,   said   department   of 

health  may  do!  by  resolution  of  iis  fiscal  court  be  so 

tablished  <>r  maintained  until  after  the  ex- 
piration of  the  terms  of  office  of  the  members  of  said 
fiscal  court  or  corresponding  hody  of  such  a  county, 
who  of  said  court   or  body  when  such 

an   ••lection    WW   held. 

It  shail  be  the  duty  of  the  state  hoard  of  health 


IS 


HEALTH  LAWS  OF  KENTUCKY 


County 
board   of 
health  to 
grovern. 
Rules   and 
regula- 
tions. 


Election  and 
duties  of 
health 
officer; 
salary. 


at  once  to  notify  the  secretary  of  the  county  board  or 
boards  of  health  to  call  a  meeting  of  the  county  board 
or  boards  of  health  for  the  purpose  of  organizing  the 
county  or  district  department  of  health,  which  is  de- 
scribed, defined  and  set  forth  as  follows: 

A  county  department  of  health  shall  be  govern- 
ed by  the  members  of  the  county  board  of  health  who 
as  heretofore  provided  are  charged  with  the  enforce- 
ment of  the  health  laws  of  this  Commonwealth  and 
the  rules  and  regulations  of  the  state  and  county 
boards  of  health,  and,  at  the  meeting  of  the  county 
board  of  health  called  for  the  purpose  of  organizing 
said  county  department  of  health,  a  majority  of  the 
qualified  members  constituting  a  quorum  with  the  full 
authority  of  the  board,  it  shall  elect  a  health  officer, 
who  shall  be  a  legally  qualified  physician,  and  who 
shall,  in  a  book  to  be  provided  for  the  purpose,  keep 
full  minutes  of  its  proceedings.  He  shall  be  a  grad- 
uate in  medicine  and  surgery  from  some  medical  col- 
lege, recognized  as  in  good  standing  by  the  State  Board 
of  Health  and  must  have  had  at  least  six  months ' 
special  training  in  preventive  medicine  and  public 
health  work  in  some  school  or  college  in  good  stand- 
ing as  recognized  by  the  state  board  of  health;  he 
shall  be  required  to  devote  his  whole  time  to  the  duties 
of  his  office  and  is  prohibited  from  the  practice  of  his 
profession  for  compensation  from  his  patients;  he 
shall  be  paid  a  reasonable  salary  of  not  less  than  two 
thousand  dollars  nor  more  than  three  thousand  dollars 
per  annum  and  the  necessary  expenses  for  traveling 
in  the  performance  of  his  duties.  It  shall  be  his  duty 
to  execute  the  orders  of  the  county  board  of  health, 
the  laws  of  this  Commonwealth  governing  disease  and 
the  rules  and  regulations  of  the  state  and  local  boards 
of  health.  He  shall  be  elected  for  a  term  of  four  years 
at  a  fixed  annual  salary  to  be  paid  at  regular  intervals 
as  other  county  officials  are  paid.  He  may  at  any  time 
be  removed  for  cause  made  known  to  him  in  writing 
after  a  hearing  by  the   county  board   of  health,   at 


HEALTH  LAWS  OF  KENTUCKY 


19 


which  he  may  be  represented  by  counsel  and  in  case 
of  dismissal  lie  shall  have  the  right  of  appeal  to  the 
State  Board  of  Health  which  may  at  its  meeting,  a 
quorum  being  present,  confirm  or  reject  the  action  of 
the  county  board  of  health,  in  which  case  its  action 
is  final,  unless  its  action  is  set  aside  by  action  through 
tonrta  of  competent  jurisdiction. 

The  comity  board  of  health  may  also  employ  not 
less    than    one   assistant    to    the   health   officer   of   the 

i.  who  shall  be  skilled  in  the  care  of  the  sick  and 
trained  in  the  best  methods  of  preventive  medicine, 
nor  more  than  three  assistants,  except  counties  having 
cities  of  the  first   and  seeond  class,   in   which  case  one 

•;int  ma\  be  employed  1'or  each  ten  thousand  pop- 
ulation, provided  that  in  no  case  the  total  amount  ex- 
pended  in  any  ronnty  shall  exceed  one-half  of  one 
mill  for  each  dollar  of  assessed  valuation  of  prop- 
erty for  taxation  in  such  county:  and  in  the  event  a 
COUnty   is  unable   with   said   maximum   expenditure   of 

money  to  maintain  a  county  department  of  health  ac- 
cording to  the  permanent  standards  herein  fixed,  it 
may   not  bliah   and   maintain   a   county  de- 

partment Of  health  alone,  but  may  unite  with  one  or 
more  comities  as  herein  provided  to  create,  establish 
ami    maintain   a   district    department   of  health. 

The  county  board  of  health  shall  also  provide  an 
office  suitably  furnished  for  its  meetings  and  to  con- 
duct its  business,  and  conveniently  located  as  deter- 
mined by  it.    It   shall  be  the  duty  of  the  health  officer 

in  the  laboratory  of  the  eounty  department  of  health 

in  the  office  of  said  board  to  make  chemical  and  bac- 
teriologica]  examinations  of  milk  and  water  of  all 
dairies,  sources  of  drinking  water  suspected  of  being 
dangerous  to  the  public  health,  and  so  ordered  by  the 

COUnty   Or  State  board  of  health;  he  shall   be  prepared 

to  make  examinations  of  blood,  sputum,  discharges 

from  the  nose,  throat,  kidneys,  skin  and  bones,  for  the 

detection  of  the  cause  of  malaria,  tuberculosis,  diph- 
theria, typhoid   ^'yr.  dysentery,  hookworm  disease, 


Employment 
of    assis- 
tants. 


Offices. 
Duties  of 
health 
Ofl  i'-ers. 
labora- 
tories. 


20 


HEALTH  LAWS  OF  KENTUCKY 


Vaccines. 


School  in- 
spections. 


pneumonia  and  such  others  as  may  be  fixed  by  the  coun- 
ty or  state  board  of  health;  he  shall  be  prepared  and 
shall  also  keep  properly  safeguarded  a  supply  of  fresh 
smallpox  virus,  typhoid  vaccine  for  the  prevention 
of  typhoid  fever,  for  free  distribution  and  use  for  the 
citizens  of  the  county,  and  a  supply  of  fresh  diphtheria 
antitoxin,  which  shall  be  sold  at  wholesale  cost  for 
use  upon  any  citizen  of  the  county,  and  where  any 
person  unable  to  purchase  them  within  the  county  is 
found  suffering  from  diphtheria  or  has  been  exposed 
to  smallpox  or  typhoid  fever,  it  shall  be  the  duty  of 
the  county  board  of  health  to  furnish  free  such  diph- 
theria antitoxin,  smallpox  virus  or  typhoid  vaccine  as 
may  be  needed  to  protect  the  health  and  lives  of  the 
people  of  the  county,  and  it  shall  be  the  duty  of  the 
health  officer  or  assistant  to  administer  promptly 
these  curative  and  preventive  agents. 

The  county  health  officer  shall  make  frequent 
trips  of  inspection  to  all  parts  of  the  county  to  de- 
termine and  remove  causes  of  sickness.  He  shalL  visit 
the  schools  of  the  county  and  make  such  inspections 
of  surroundings,  premises  or  inmates  as  the  county 
or  state  boards  of  health  may  determine  are  necessary 
to  protect  the  public  from  communicable  diseases.  If 
in  school  examinations  of  children  for  defective  eye- 
sight, hearing,  diseased  tonsils  and  teeth  and  adenoids, 
such  conditions  be  found  either  by  himself  or  his  as- 
sistant, a  confidential  report  in  writing  shall  be  made 
to  the  parent  or  guardian  of  such  child  or  children, 
calling  attention  to  the  defect  or  disease  and  requesting 
that  such  condition  be  corrected. 

The  health  officer  shall  make  a  physical,  chemical 
and  bacteriological  examination  of  the  drinking  water 
used  by  school  children  and  if  dangerous  to  their 
health,  the  county  or  state  board  of  health  may  order 
that  a  supply  of  pure  water  be  furnished  at  the  ex- 
pense of  the  county  or  city  board  of  education.  If  in 
the  opinion  of  such  board  the  premises  are  construct- 
ed in  violation  of  the  law  and  are  found  to  be  un- 


HEALTH  LAWS  OF  KENTUCKY  21 

sanitary  or  unsafe  for  the  housing  of  children,  the 
local  01  State  Board  of  Health  may  institute  an  action 
in  the  circuit  court  of  the  county  where  the  building 

ituated  and  the  court  after  due  hearing  and  veri- 
fying tiic  facta  may  order  a  safe  and  sanitary  school 
building  to  be  erected  within  a  reasonable  time  by 
tlie  county  or  city  board  of  education  in  accordance 
with  the  laws  of  this  Commonwealth  governing  the 
erection  of  school  houses  and  the  control  of  diseases, 
and    the    rules    and    regulations   of    the   state   hoard   of 

'ih. 

A  district  department  of  health  shall  he  governed    Vo^ment*0" 
by  the  members  of  the  county  boards  of  health  of  the    »««•«•  *?ov- 

ernea. 

counties  which,  in  a< rdance  with  the  provisions  of 

this   act,    hii  tblished    and    maintained   a 

district  department  of  health.   The  members  of  such 

county    boards   Of    health    governing    said    district   de- 

partment  of  health  are  charged  with  the  enforcement 
of  the  laws  of  this  Commonwealth  relating  to  disease 
and  the  iiiles  and  regulations  of  each  county  hoard 
of  health  not  in  conflict  with  the  rules  and  regulations 
adopted  by  the  members  governing  the  district  de- 
partment ot*  health  and  the  rules  and  regulations  of 
of  health.  A  majority  of  all  of  the 
members  «•!'  tl ounty   boards  of  health  who  have 

qua1  ii.    of    all    (.1"    the    COUntieS    Which    have 

ereal  tablished  and  maintained  a  district  depart- 

ment   of   health,   sh.,11    constitute   a    quorum    and   shall 
6   all   the   authority    to  Carry   out    the   provisions  of 

this  act.  and  at  a  meeting  called  for  such  a  purpose. 

in  sccoi  '  ith   the    provisions    heretofore    men- 

tioned, they  shall  ele.-t  a  district  health  officer  for  a 
term  of  four  years  at  a  fixed  salary.  His  compensa- 
tion,   qualifications    and    duties    shall    he    the    same 

.  ided   for  the  county  health   officer  of  a 

COUnty  which   h  d.  established  and   maintained 

a  county  department  of  health,  except  that  his  activ- 

I,  authority  and  jurisdiction  shall  extend  to  all  Of 
the   counties    whose    hoards   of  health    jrnvern    the   said 


22  HEALTH  LAWS  OF  KENTUCKY 

district  department  of  health.  He  shall  divide  his  time 
devoted  to  the  performance  of  his  duties  of  inspection 
and  visiting  schools,  sites  of  epidemics,  in  the  per- 
formance of  his  duties  herein  provided,  reasonably 
and  equitably  between  the  counties  composing  the  dis- 
trict over  which  he  has  jurisdiction,  in  accordance  with 
the  rules  and  regulations  adopted  by  the  governing 
board  of  said  district,  which  rules  and  regulations 
must  take  into  consideration  the  relative  expenditure 
of  money  to  maintain  said  district  department  of 
health,  spent  by  the  counties  composing  the  district. 

Said  governing  board  of  said  district  department 
of  health  shall  also  employ  at  least  one  assistant  in 
each  of  the  counties  within  its  jurisdiction,  to  be  under 
the  direction  of  the  governing  board  of  said  district 
department  of  health,  who  shall  have  the  same  quali- 
fications, duties  and  compensation  as  are  herein  pro- 
vided for  the  assistant  in  a  county  department  of 
health,  and  more  than  one  assistant  may  be  employed 
in  each  county  of  said  district,  provided  that  in  no 
county  shall  the  sum  expended  for  the  said  district 
department  of  health  exceed  the  sum  of  one-half  of  one 
mill  to  each  dollar  of  the  assessed  valuation  of  prop- 
erty listed  for  taxation  in  said  county  and  each  county. 

Said  governing  board  of  said  district  department 
of  health  shall  provide  and  furnish  an  office  centrally 
and  conveniently  located  as  determined  by  such  gov- 
erning board  for  its  meeting  place  and  for  the  con- 
duct of  the  business  of  said  governing  board,  as  pro- 
vided heretofore  for  a  county  department  of  health. 

Said  health  officer  of  said  district  department  of 
health  may  be  removed  from  office  under  the  condi- 
tions herein  prescribed  for  removal  of  a  county  health 
officer  of  a  county  department  of  health. 
Attorneys.  (3.)     That  it  shall  be  the  duty  of  the  county  and 

Provisions  v     J  ... 

for«  Commonwealth  attorneys  and  the  Attorney  General, 

within  their  respective  jurisdictions,  to  represent  the 
State  and  local  boards  of  health  in  all  matters  relat- 
ing to  the  enforcement  of  the  health  and  medical  laws 


HEALTH  LAWS  OF  KENTUCKY 


23 


and  the  performance  of  the  duties  of  such  boards,  but 
when  the  state  board  of  health,  in  its  capacity  as 
guardian  of  the  health  and  lives  of  the  people,  shall 
deem  it  necessary,  it  may  employ  at  its  discretion 
special  attorneys  and  inspectors  to  assist  such  officers 
to  perform  such  duties  and  pay  reasonable  compensa- 
tion for  the  same  from  any  unexpended  funds  at  its 
disposal. 

(4.)  That  the  sum  of  ten  thousand  dollars  be,  £™£ngent 
and  tin-  same  is  hereby  appropriated,  which  shall  con- 
stitute a  "contingent  fund,"  any  part  of  which  may, 
from  time  to  time,  be  used  for  preventing  the  introduc- 
tion of  cholera,  yellow  fever,  epidemic  meningitis,  in- 
fantile paralysis,  plague  or  other  pestilence,  into  this 
State,  or  for  the  suppression  thereof  if  introduced. 
No  part  of  the  ten  thousand  dollars  shall  he  used  for 
any  other  purpose  than  that  expressed  in  this  section. 
Dor  shall  any  part  thereof  be  used  except  upon  the  ap- 
proval of  the  Governor  of  tins  Commonwealth;  but 
whenever  in  the  judgment  of  the  Governor  it  shall  be 
to  take  action  to  preveni  the  introduction 

spread  of  any  of  Baid  diseases,  he  is  authorised  and 
direeted,  from  |  i  approve  the  written 

order  of  the  board  for  so  much  of  the  ten  thousand 
dollars  as  may  be  necessary  in  favor  of  the  state  board 

health,  and  on  receipt  of  such  order  the  Auditor 
shall  draw  his  warrant  on  tin-  Treasurer  for  the  amount 
of  such    Orders,   and   said   sum  s<>   received  by   the  state 

hoard  of  health,  or  so  much  thereof  ;is  may  be  nec<- 
any,  shall  l>"  expended  by  said  board  in  the  work  of 

itecting  the  people  of  this  state  against  the  introduc- 
tion or  spread  of  these  di 


(5.) 


It  shall   he   the   duty  Of  the   COUncil  Of  every     City  boards 

of  heal tli 


city  in  this  State  of  ten  thousand   inhabitants  or  more    and  health 

off  if*GI*fi 

to  appoint  a  board  of  health  for  such  city,  to  consist 
of  six  persons,  not  members  of  such  council,  who  shall 
be  appointed  as  follows:    Two  persons  for  a  term  of 

ii  of  two  years  and  two 
per*  rm  of  three  years,  and  at  least  tbr< 


; 


21 


HEALTH  LAWS  OF  KENTUCKY 


County 
b  cards. 
Appoint- 
ment—term. 
Powers  and 
duties. 
Health 
officer. 
Compensa- 
tion. 


of  whom  shall  be  competent  physicians.  The  mayor 
of  such  city  shall  be  ex-officio  a  member  of  such  board 
of  health.  Upon  the  expiration  of  the  term  of  office  of 
any  member  of  a  board  of  health  appointed  under  this 
section  his  successor  shall  be  appointed  for  a  term  of 
three  years.  Such  board  of  health  shall  organize  within 
ten  days  after  its  appointment,  and  shall  elect  a  com- 
petent physician,  who  shall  be  the  health  officer  of 
such  city,  and  the  executive  officer  of  and  ex-officio 
a  member  of  such  board  of  health.  Such  local  board 
shall  have  the  same  powers  within  its  respective  cities 
as  local  boards  for  counties  are  invested  with  by  this 
chapter.  Provided,  that  when  a  county,  except  one 
having  a  city  of  the  first  or  second  class,  shall  by  reso- 
lution of  its  fiscal  court  or  corresponding  body,  or  by 
a  vote  of  its  citizens  as  herein  provided,  create,  estab- 
lish and  maintain  a  county  or  district  department  of 
health,  such  a  department  of  health  shall  include  such 
cities  having  a  population  of  ten  thousand  and  over, 
and  no  such  cities  may  organize  a  city  board  of  health, 
but  the  health  officer  of  the  county  or  district  depart- 
ment of  health  shall  serve,  as  herein  provided,  for  the 
entire  county  or  district. 

Sec.  2055.  It  shall  be  the  duty  of  the  state  board 
of  health  to  appoint  three  intelligent  and  discreet  li- 
censed and  practicing  physicians  residing  in  each 
county  of  this  State  who,  together  with  the  county 
judge  and  one  person  elected  by  the  fiscal  court  of  each 
county,  shall  constitute  a  local  board  of  health  for  the 
respective  counties  in  which  they  reside,  and  such  per- 
sons as  members  of  the  local  board  shall  hold  their 
office  for  a  term  of  two  years  from  the  date  of  their 
appointment  or  election,  and  until  their  successors  are 
appointed  or  elected,  and  such  local  boards  are  em- 
powered and  it  shall  be  their  duty  to  inaugurate  and 
execute  and  to  require  the  heads  of  families  and  other 
persons  to  execute  such  sanitary  regulations  as  the 
local  board  may   consider  expedient  to   prevent  the 


V 


HEALTH  LAWS  OF  KENTUCKY  25 

outbreak  and  spread  of  cholera,  smallpox,  yellow  fever, 
scarlet  fever,  diphtheria  and  other  epidemic  and  com- 
DUinicable  diseases,  and  to  this  end  may  bring  the  in- 

ted  population  under  prompt  and  proper  treatment 
during  premonitory  or  other  stages  of  the  disease, 
and  they  are  empowered  to  go  upon  and  inspect  any 
premises  which  they  may  believe  are  in  an  unclean  or 
infections  condition,  and  it  shall  be  empowered  to  fix 

I  determine  the  location  of  an  eruptive  hospital  for 
the  county,  sufficiently  remote  from  human  habitation 

and    public    highways  as   in    Us   judgment    is  safe,   and 

said  boards  are  authorised  and  shall  have  power  to 
enforce  the  rules  and  regulations  adopted  by  the  state 
board  of  health,  and  any  person  who  shall  fail  or 
refuse,  after  written  notice  from  the  local  board  or 
board,  to  observe  or  obey  the  written  request 

shall    be    fined    not    less    than    ten    nor    more    than    one 

hundred  dollars  for  each  day  he  BO  fails  or  neglects,  and 

it  shall  be  the  duty  of  physicians  practicing  their  pi 

nons  in  any  county  in  whieh  a  local  board  is  organ- 
ized  to  report   all  or  any  of  the  above   mentioned   dis 

their  special  treatment,  to  such  local 
board;  and  it  shall  likewise  be  the  duty  of  the  heads 
of  families  to  report  ai  lid  diseases  known  by 
them  to  exisl  in  their  respective  families,  to  such  local 
board,  or  to  some  member  thereof,  within  twenty-four 
hours  from  his  or  her  knowledge  of  the  existent f 

SUCh  di»  ad  such  local  hoard  shall   make  report 

to  the  Btate  board  of  health,  at  least  once  in  every 
three  months  first,  of  the  character  of  the  infection 
epidemic  and  communicable  diseases  prevailing  in 
their  county;  second,  the  number  reported  as  afflicted 
with  such  disease;  third,  the  action  taken  by  such 
hoard  in  arresting  the  progress  of  such  epidemics,  and 
the  visible  effects  of  such  action,  and  shall  also  make 

►rts   when  they  deem   it    expedient   or  when 

required  by  the  state  board,  and  the  Local  hoard  shall 
eive  no  compensation  for  such  services.   The  local 

hoard    shall   appoint    a   Competent    practicing   physician 


20  HEALTH  LAWS  OF  KENTUCKY 

who  shall  be  the  health  officer  of  the  county  and  sec- 
retary of  the  board,  whose  duties  shall  be  to  see  that 
the  rules  and  regulations  provided  for  in  this  act,  and 
the  rules  and  regulations  of  the  state  biard  of  health 
are  enforced,  and  who  shall  hold  his  office  at  the  pleas- 
ure of  said  board,  and  he  shall  receive  a  salary,  the 
amount  of  which  to  be  fixed  by  the  fiscal  court  at  the 
time,  or  immediately  after  his  election.  In  no  state 
of  case  -shall  said  health  officer  claim  or  receive  from 
the  county  any  compensation  for  his  services  other 
than  the  salary  fixed  by  the  fiscal  court. 

?sutlbunshed  Sec.  2056.     In  the  counties  bordering  on  the  Ohio 

board*?.1  and  Mississippi  rivers,  and  on  the  State  lines  separating 

stateCeboard  Kentucky  from  the  States  of  West  Virginia  and  Tenn- 
PenaityY  '  '  essee,  the  local  boards  of  health  are  empowered  to  de- 
r^vloiat-"  clare  and  maintain  quarantine  in  said  county  or  coun- 
ties, or  in  any  particular  place  or  places  therein, 
against  the  introduction  of  any  contagious  or  infectious 
diseases  prevailing  in  any  other  state  or  county:  Pro- 
vided, that  so  soon  as  such  quarantine  is  established,  the 
local  board  declaring  the  same,  through  its  presiding 
or  chief  officer,  shall  in  writing,  notify  the  state  board 
of  health  of  such  quarantine,  and  the  extent  thereof; 
and  thereupon  the  state  board  of  health,  in  the  exer- 
cise of  its  supervisory  power  over  local  boards,  shall, 
as  early  as  practicable,  by  their  sanitary  or  executive 
committee,  ascertain  the  necessity  for  such  quarantine, 
and  shall  either  approve  of  said  quarantine,  and  en- 
force the  same,  or  declare  the  same  raised.  The  state 
board  of  health,  and  its  agents,  employes,  or  the  local 
boards  of  health,  acting  under  the  direction  and  regu- 
lations of  the  state  board,  when  they  have  reasonable 
ground  to  believe  that  any  packet  or  other  steamboat, 
barge,  or  other  watercraft  navigating  the  Mississippi 
or  Ohio  rivers,  or  any  of  their  tributaries,  is  infected 
with  any  epidemic  or  infectious  disease,  are  empowered 
to  prevent  the  landing  of  such  craft  at  any  point  or 
places  on  the  Kentucky  shore;  and  they  are  also  em- 


HEALTH  LAWS  OF  KENTUCKY 


27 


Boards  may 

examine 
into  causes 
of  disease. 
Notice  to  re- 
move 


powered,  when  they  have  reasonable  grounds  to  be- 
any railway  train,  coach,  or  other  vehicle  con- 
tains persona  or  articles  infected  with  epidemic  or  in- 
fectious diseases,  to  detain,  at  any  station  or  point  on 
such  railway  or  road,  such  train,  coach  or  vehicle,  for 
a  time  sufficient  to  disinfect  or  purify  the  same:  Pro- 
vided, quarantine  lias  been  established  at  such  station 
or  place  by  action  of  said  boards;  and  any  railway 
conductor,  driver  or  person  in  charge  of  any  coach 
or  \ chicle  who  shall  willfully  avoid  or  prevent  tin1  in- 
spection or  purification  of  the  coaches  or  vehicles  ander 
his  charge  or  control  shall  be  guilty  of  a  misdemeanor, 
and  fined  not  less  than  fifty  nor  more  than  five  hundred 

dollars,  and  unprisoned  not  less  than  leu  nor  more 
than  sixty  days,  or  both  so  fined  and  imprisoned. 

W57.     The  itate  board   of  health   and   the 
Local  boards  shall  have  power  and  authority  to  examine 

into  all   nuisances,  sources  of  filth  and   r;niM\  of  ^iek- 

QCSS    that    may.    in    their   opinion,    be    injurious    to    the     RjKSty?' 

health    of   the    inhabitants   within    any    county    in    this 

state,  or  in  any  vessel  within  any  harbor  or  port  in 
any  county  in  this  si  ad  whenever  any  such  nui- 

sance,   SOUree    Of    filth    0  '    of    sickness    shall    be 

found  to  exist  <>ii  any  private  property,  or  in  any  vessel 

within  any  port  or  harbor  of  any  county  in  this  state, 

or  upon  any  water  course  in  this  state,  the  state 
board  of  health,  or  local  board  of  health,  shall  have 
power  and  authority  to  order,  in  writing,  the  owner  or 
occupant    thereof,  at   his  own   expense,  to  remove  the 

same  within  twenty-four  hours  or  within  such  reason- 
able time  thereafter  as  such  board  may  order;  and  if 
the  owner  or  occupant  shall  neglect  so  to  do.  he  shall 
be  fined,  not  b-ss  than  ten  nor  more  than  one  hundred 
dollars,  and  each  day's  cont inuance  of  such  nnisance, 
filth,  or  cause  of  sickness,  after  the  owner 
or  occupant  thereof  shall  have  Been  notified  to  remove 
sme,  shall  be  i  separate  offense. 

2058.     It  shall  be  the  (hiiy  of  the  eounty  at-  gJJSkr 
torney  of  each  eounty  to  prosecute  any  person  who   attomty. 
shall   violate  the   provisions  of  this  chapter. 


28 


HEALTH  LAWS  OF  KENTUCKY 


Hotels. 

Definition 

of. 


Restau- 
rants. 
Definition 
of. 


Bureau 
created. 
Duties 
defined. 


Application 
for  license. 
Fees. 


BUREAU    FOR    THE    REGULATION  OP  HOTELS 
AND  RESTAURANTS  AS  AMENDED  IN  1918. 

Sec.  2059.  (1)  Every  building  or  structure, 
kept,  used  as,  maintained,  or  advertised  as,  or  held 
out  to  the  public,  to  be  a  place  where  sleeping  accom- 
modations are  furnished  to  the  public,  whether  with 
or  without  meals,  shall  for  the  purpose  of  this  act  be 
deemed  a  hotel. 

Every  building  or  .structure,  and  all  buildings  in 
connection  kept,  used,  or  maintained  as,  or  advertised 
as,  or  held  out  to  the  public  to  be  a  place  where  meals 
and  lunches  are  served,  without  sleeping  accommoda- 
tions, shall  for  the  purpose  of  this  act  be  deemed  a 
restaurant  and  the  person  or  persons  in  charge  thereof, 
whether  as  owner,  lessee,  manager  or  agent,  for  the 
purpose  of  this  act,  shall  be  deemed  proprietor  of  such 
restaurant  and  whenever  the  word  "restaurant"  shall 
occur  in  this  act  it  shall  be  construed  to  mean  such 
structure  as  herein  described. 

A  bureau  of  hotel  inspection  as  herein  provided 
is  created  under  the  supervision  and  control  of  the 
state  board  of  health,  which  board  is  hereby  charged 
with  the  responsibility  and  given  the  control  of  the 
enforcement  of  the  provisions  of  this  act.  It  shall 
keep  such  records  as  are  necessary  for  public  use  and 
inspection,  showing  the  condition  of  all  hotels  and 
restaurants,  together  with  the  name  or  names  of  the 
owner,  proprietor  or  manager  thereof,  and  showing 
their  sanitary  conditions,  and  any  other  information 
that  may  be  for  the  betterment  of  the  public  health, 
and  likewise,  shall  enforce  any  orders,  requests,  rules 
or  regulations  promulgated  by  the  state  board  of  health. 

(2.)  Within  sixty  days  after  the  effective  date 
of  this  act,  and  each  year  thereafter,  every  person, 
firm  or  corporation  now  engaged  in  the  business  of 
conducting  a  hotel  or  restaurant,  and  every  person, 
firm  or  corporation  who  shall  hereafter  engage  in  con- 


HEALTH  LAWS  OF  KENTUCKY  29 

ducting  Mali  business  must  procure  an  inspector's  cer- 
tificate for  each  hotel  or  restaurant  so  conducted,  or 
proposed  to  be  conducted,  provided  that  one  certifi- 
cate shall  be  sufficient  for  each  combined  hotel  and 
aurant  where  each  is  conducted  in  the  same  build- 
ing and  under  the  same  management  Each  certificate 
shall  expire  on  the  31si  day  of  December  next  follow- 
ing its  issuance.  That  the  state  hoard  of  health  shall 
furnish  to  any  person,  firm  or  corporation  desiring  to 

COndttGi  a  hotel  or  restaurant   an  application  blank  to 

be  filled  out  by  such  persons,  firm  or  corporation  for 

a  certificate  therefor,  and  which  shall   require  such 

applicant  to  state  the  full  name  and  address  of  the 
owner  <>f  the  building,  the  lessee  and  manager  of  such 
hotel  or  restaurant,  together  with  the  full  description 
of  the  building  and  property  to  be  used  or  proposed 
to  be  used  for  su.-h  business,  t lie  location  of  t lie  same, 
the  name  under  which  such  business  is  to  be  conducted, 

and  such  other  information  as  may  be  required  therein 

by   the   Btate    board   Of   health,   and     such     application 

shall  be  accompanied  by  the  inspection  fee  for  hotels  of 

three  dollars  and  an  additional  charge  of  twenty  live 

ecu  ch   additional    bed    room    in  of   ten. 

and  for  restaurants,  three  dollars,  and  an  additional 
charge  of  twenty-five  cents  for  each  five  chairs  or  stools 
or  s|),hTs  where  persons  are  fed  in  excess  of  ten,  but 

no  fee  to  exceed  ten  dollars,  and  all  such  fees  shall  be 
turned    into    the    State    treasury    on    the    first    day    of 

January,  April.  July  and  October  of  each  year. 

Upon  the  approval  of  BUCh  application  by  the  state    mandatory. 

board  of  health,  a  certificate  to  conduct  sueh  business 
inch  application  is  made  for  shall  be  issued.    No 

hotel  or  restaurant  shall  be  maintained  and  conducted 
in  this  state  after  the  taking  effect   of  this  act.  without 

having  secured  a  certificate  therefor  as  herein  provided, 

and  no  Certificate  Bhal]  be  transferable.    Provided,  how- 

fter  the  making  of  application  for  a  certifi- 
herein  provided,  and  pending  the  issuance  of  Mich 

nch  hotel  or  restaurant  shall  be  permitted  to 


30 


HEALTH  LAWS  OF  KENTUCKY 


Inspection 
of  hotels 
and  restau- 
rants. 


Heating-, 
plumbing-, 
ventilation, 
and  light- 
ing   of. 


operate  as  such  until  the  final  refusal  of  such  application 
by  the  state  board  of  health.  Provided  also,  that  no 
hotel  or  restaurant  shall  be  denied  relief  in  the  courts 
in  action  instituted  by  such  hotel  or  restaurant  by  rea- 
son of  the  fact  that  a  certificate  has  not  been  issued 
to  such  hotel  or  restaurant. 

(3.)  It  shall  be  the  duty  of  the  state  board  of 
health  to  inspect  or  cause  to  be  inspected  at  least  once 
annually  every  hotel  and  restaurant  in  this  State,  and 
for  such  purpose  its  inspectors  shall  have  the  right  to 
enter  and  have  access  thereto  at  any  reasonable  time, 
and  wherever  upon  such  inspection  it  shall  be  found 
that  such  business  and  property  so  inspected  is  not 
being  conducted,  or  is  not  equipped,  in  the  manner 
required  by  the  provisions  of  this  act,  or  is  being  con- 
ducted in  such  manner  as  to  violate  any  of  the  laws 
of  this  State  or  rules  and  regulations  of  the  state 
board  of  health  governing  same,  it  shall  thereupon 
be  the  duty  of  the  inspector  or  board  to  notify  the 
owner,  proprietor  or  agent  in  charge  of  such  busi- 
ness, or  the  owner  or  agent  of  the  building  so  occu- 
pied, of  the  conditions  so  found,  and  such  owner,  pro- 
prietor or  agent  shall  forthwith  comply  with  the  pro- 
visions of  this  act  unless,  otherwise  herein  provided, 
reasonable  time  may  be  granted  by  the  said  board 
for  compliance  with  the  provisions  of  this  act. 

(4.)  Every  hotel  and  restaurant  in  this  State 
shall  be  properly  plumbed,  heated,  lighted  and  ven- 
tilated, and  shall  be  conducted  in  every  department 
with  strict  regard  to  health,  comfort  and  safety  of  its 
guests.  Provided  that  such  proper  lighting  shall  be 
construed  to  apply  to  both  daylight  and  artificial 
illumination  and  that  such  proper  plumbing  shall  be 
construed  to  mean  that  all  plumbing  and  drainage 
shall  be  constructed  and  plumbed  according  to  ap- 
proved sanitary  principles,  and  such  proper  ventilation 
shall  be  construed  to  mean  at  least  one  door  and  one 
window  in  each  sleeping  room. 


HEALTH  LAWS  OF  KENTUCKY  31 

No  room  shall  be  used  for  a  sleeping  room  which 
does  not  open  to  the  outside  of  the  building  or  light 
wells,  air  shafts  or  courts,  and  all  sleeping  rooms  shall 
have  at  least  one  window  to  the  outside  of  the  build- 
ing or  light  wells,  air  shafts  or  courts,  and  shall  have 
one  door  opening  on  a  hallway. 

In  each  sleeping  room  there  must  be  at  least 
one  window  with  openings  so  arranged  as  to  pro- 
vide easy  access  to  the  outside  of  the  building,  light 
wells,   air  shafts  or  courts. 

In  all  cities,  towns  and  villages  where  a  system  2jJJ25.*nd 
of  waterworks  and  sewerage  is  maintained  for  the 
public  nse,  every  hotel  and  rooming  house  shall  with- 
in six  months  after  the  passage  of  this  act  be  equipped 
with  suitable  water  closets  for  accommodation  of  its 
and  such  closets  shall  be  connected  by  proper 
plumbing  with  such  sewerage  system,  and  the  means 
Bushing  such  water  closets  with  the  water  of  said 

in  in  such  manner  as  provided  in  the  regulations 
of  the  state  board  of  health.  All  lavatories,  bath 
tubs,  sinks,  drains,  closets  and  urinals  in  such  hotels 
must  be  connected  and  equipped  in  a  similar  manner, 
both  as  to  method  and  time. 

In  all  cities,  towns  and  villages  not  having  a  svs-    sanitary 

'  privies. 

t«  m   ot    waterworks,  every  hotel  shall  have  properly 
sanitary  privies  as  provided  in  the  rules 
and  regulations  of  the  state  board  of  health. 

i  hotel  in  this  State  shall  be  provided  with  a    wash 
main  public   wash   room,  convenient  and  of  easy  ac- 

All  hotels  in  this  State  shall  hereafter  provide  Towel*, 
eacb  bedroom  with  at  least  two  clean  towels  daily  for 
Bach  guest,  and  shall  also  provide  the  main  public 
liroom  with  clean  individual  towels,  maintaining 
same  in  view  and  reach,  and  for  use  of  gnosis  during 
the  regular  meal  hour,  and  where  no  regular  meal 
hours  are  maintained,  then  between  the  hours  of  6:30 
a.  m.  and  9:00  a.  m.  and  11  :30  a.  m.  and  2:00  p.  ra. 
and  0:00  p.  m.  and  8:00  p.  m.,  so  that  no  two  or  more 


32 


HEALTH  LAWS  OP  KENTUCKY 


Bed  linen. 


Disinfec- 
tion. 
Vermin. 


Infected 

rooms. 

How 

treated. 


guests  will  be  required  to  use  the  same  towel  unless 
it  has  first  been  washed.  Such  individual  towels  shall 
not  be  less  than  ten  inches  wide  and  fifteen  inches 
long  after  being  washed.  Provided,  that  this  shall  not 
prohibit  the  use  of  individual  paper  towels  in  such 
washrooms. 

All  hotels  hereafter  shall  provide  each  bed,  bunk, 
cot  or  sleeping  place  for  the  use  of  guests,  with  pillow 
slips  and  under  and  top  sheets;  each  sheet,  on  and 
after  the  first  of  January,  1915,  shall  be  made  99  inches 
long,  and  of  sufficient  width  to  completely  cover  the 
mattress  and  springs;  provided,  that  a  sheet  shall  not 
be  used  which  measures  less  than  90  inches  after  it  has 
been  laundered.  Said  sheets  and  pillow  slips  to  be 
made  of  white  cotton  or  linen,  and  all  such  sheets  and 
pillow  slips,  after  being  used  by  one  guest,  must  be 
washed  and  ironed  before  they  are  used  by  another 
guest,  a  clean  set  being  furnished  each  succeeding 
guest. 

All  bedding,  including  mattresses,  quilts,  blankets, 
pillows,  sheets  and  comforts,  used  in  any  hotel  in  this 
state  must  be  thoroughly  aired,  disinfected  and  kept 
clean.  Provided,  that  no  bedding,  including  mattresses, 
quilts,  blankets,  pillows,  sheets  or  comforts,  shall  be 
used  wlych  are  worn  out  or  unfit  for  further  use. 

Any  room  in  any  hotel  or  restaurant  infected  with 
vermin  or  bed  bugs  shall  be  fumigated,  disinfected  and 
renovated  at  the  expense  of  the  proprietor  of  the  said 
hotel  until  said  vermin  or  bed  bugs  are  exterminated. 

When  any  communicable  disease  shall  occur  in  any 
room  in  any  hotel  or  rooming  house  in  this  state,  such 
room  shall  not  be  occupied  until  it  has  been  cleaned 
and  disinfected  under  the  supervision  of  the  health 
officer  in  accordance  with  the  rules  and  regulations  of 
the  state  and  local  boards  of  health.  All  notices  to  be 
served  by  the  state  board  of  health  or  one  of  its  in- 
spectors provided  for  in  this  act  shall  be  in  writing, 
and  shall  be  either  delivered  personally,  or  by  reg- 


HEALTH  LAWS  OF  KENTUCKY 


istered  Letter  to  the  owner,  agent,  lessee  or  manager 
of  such  hotel  or  restaurant. 

Any  person,  firm  or  corporation  who  shall  operate 
a  hotel  or  restaurant  in  this  state,  or  who  shall  let  a 
building  used  for  such  business  without  having  first 
complied  with  the  provisions  of  this  act,  or  after  con- 
viction for  any  violation  of  this  act  as  herein  pro- 
vided, or  after  the  cancellation  or  revocation  of  such  a 
certificate  as  herein  provided  shall  be  guilty  of  a  .mis- 
anor,  and  shall  be  punished  by  a  fine  of  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars. 
or  imprisonment  in  the  county  jail  for  not  more  than 
ninety  days,  and  each  day's  operation  of  such  hotel 
or  restoranl  shall  constitute  a  separate  offense. 

(5.)  The  officer  or  inspector  making  the  in- 
on  or  examination  shall  report  such  conditions 
and  violations  to  the  state  hoard  of  health,  or  to  the 
county  or  city  health  officer,  and  such  officer  or  offi- 
cers shall  thereupon  issue  a  written  order  to  the  per- 
son, firm  or  corporation  responsible  for  the  violation 
or  condition  aforesaid  to  abate  such  condition  or  vio- 
lation, or  to  make  such  changes  or  improvements  as 
may   be   D  .     to  abate   them,   within   such   reason- 

able tin!.'  as  such  order  may  require.  Notice  of  such 
order  may  be  served  by  delivering  a  copy  thereof  to 
said  person,  firm  or  corporation,  or  by  sending  a  copy 

red    mail,     and     the     receipt     thereof 
through  the  post  office  shall  be  prima  facie  evidence 

that  noti »f  said  order  has  been  received.    Such  per 

trporation  shall  have  the  right  to  appear 

or  by  attorney  before  the  board  whose  offi- 

cer  issued  the  hearing  notice,  or  the  person  appointed 

by  it    for  such    purpose,   within  the  time  limited   in   the 

.  and  shall  be  given  an  opportunity  to  be  hear. I 
and    to   show    why    such    order   Or    instructions   should 

not  be  obeyed.    Such  bearing  shall  be  under  such  rules 

and  regulations  aa  may  be  prescribed  by  the  state 
board  if  health,  [f  after  such  bearing  it  shall  appear 
that  the  provisions  or  requirements  of  this  act  or  the 


Penalties. 


i  nspectors 
to  make   re- 
ports, 
Notice*. 
i  [taring's. 
Prosecu- 
tions, 


If.  U 


34 


HEALTH  LAWS  OF  KENTUCKY 


Licenses  to 
be  canceled. 


Posting-  of 
license. 


laws  of  this  Commonwealth,  have  not  been  violated, 
said  order  shall  be  rescinded.  If  it  shall  appear  that  the 
provisions  or  requirements  of  this  act  or  the  laws  of 
this  Commonwealth  are  being  violated,  and  that  the 
person,  firm,  or  corporation  notified  as  aforesaid  is 
responsible  therefor,  said  previous  order  shall  be  con- 
firmed or  amended,  as  the  facts  shall  warrant,  and 
shall  thereupon  be  final,  but  such  additional  time  as 
is  necessary  may  be  granted  within  which  to  comply 
with  said  final  order.  If  such  person,  firm  or  cor- 
poration is  not  present  or  represented  when  such  final 
order  is  made,  notice  thereof  shall  be  given  as  above 
provided.  On  failure  of  the  party  or  parties  to  comply 
with  the  first  order  within  the  time  prescribed,  when 
no  hearing  is  demanded,  or  upon  failure  to  comply 
with  the  final  order,  within  the  time  specified  by  the 
official  of  the  city,  county  or  state  board  of  health, 
the  facts  shall  be  certified  to  the  Commonwealth's, 
county  or  city  attorney  of  the  district  in  which  such 
violations  occurred,  and  said  attorney  or  other  at- 
torney as  heretofore  provided  shall  proceed  against 
the  party  or  parties  for  the  fines  and  penalties  pro- 
vided by  this  act,  and  also  for  the  abatement  of  the 
nuisance;  provided,  that  the  proceedings  herein  pre- 
scribed for  the  abatement  of  nuisances  as  defined  in 
this  act  shall  not  in  any  manner  relieve  the  violator 
for  other  violations  of  the  law  nor  from  the  penalties 
for  such  violation ;  and 

(6.)  Whenever  the  owner,  manager  or  person 
in  charge  of  any  hotel  or  restaurant  shall  have  been 
convicted  as  provided  in  the  preceding  section,  and 
shall  for  a  period  of  sixty  days  after  such  conviction 
fail  to  comply  with  any  provisions  of  this  act,  the  cer- 
tificate granted  to  such  person  to  conduct  business 
may  be  cancelled  by  the  state  board  of  health. 

(7.)  Every  hotel  or  restaurant  securing  a  cer- 
tificate under  the  provisions  of  this  act  shall  keep  the 
same  posted  in  a  conspicuous  place  in  the  office  of  such 
hotel  or  restaurant. 


HEALTH  LAWS  OF  KENTUCKY 


35 


All  prosecutions  under  this  act  shall  be  conducted    Attorneys. 
by   the  county  or  district  attorney  of  the  county  in 
which  the  offense  was  committed,  or  special  attorney 
employed  by  the  state  board  of  health. 


BUREAU  OP  PURE  FOOD  AND  DRUGS- 
LABORATORIES,  AS  AMENDED  IN  1918. 

Sec.  2060.  (1.)  That  it  shall  be  unlawful  for  any 
person,  persons,  firm  or  corporation  within  this  State 
to  mannfactnre  tor  sale,  produce  for  sale,  expose  for 
sal<\  have  in  his  or  their  possession  for  sale  or  to  sell 
any  article  of  food  or  drag  which  is  adulterated  or  mis- 
branded  within  the  meaning  of  this  act,  and  any  per- 
son or  persons,  firm  or  corporation  who  shall  manu- 
facture for  sale,  expose  for  sale,  have  in  his  or  their 
Bale  or  sell  any  article  of  food  or  drug 
which  is  adulterated  or  misbranded  within  the  mean- 
ing of  this  act  shall  be  fined  not  less  than  ten  dol- 
ttor  more  than  one  hundred  dollars,  or  be  im- 
prisoned  not  to  exceed  fifty  days  or  both  such  fine  and 
imprisonment.  Provided,  that  no  article  of  food  or 
drug  shall  be  dewm-d  misbranded  or  adulterated  with- 
in the  provisions  of  this  act  when  intended  for  ship- 
ment to  any  other  state  or  count ry.  when  such  article 
is  not  adulterated  or  misbranded  in  conflict  with  the 
laws  of  the  United  States;  but  if  said  article  shall  be 
in  fact  sold  or  offered  for  sale  for  domestic  use  or  con- 
BUmption  within  this  state,  thru  this  proviso  shall  not 
exempl  said  article  frmn  the  operations  of  any  of  the 
other  provisions  of  this  act. 

(2.)  That  the  term  food,  as  used  in  this  act,  shall 
include  every  article  used  for  or  entering  into  the 
composition  of  food  or  drink  for  man  or  domestic  ani- 
mals, including  all  liquors. 

(3.)  For  the  purpose  of  this  act,  an  article  of 
f<>nd  shall  be  deemed  misbranded  i 

First,  [f  the  package  or  label  shall  bear  any 
itatement  purporting  to  name  any  ingredient  or  snb- 


1  Vnalties 
for  the  man- 
ufacture. 
sale  or  mis- 
branding of 
Milulterated 
food  or 
drugs. 


Definition. 


False  label*. 


36 


HEALTH  LAWS  OF  KENTUCKY 


Imitations. 


Certified 
milk. 


False 

weights   or 
measures. 


False  or 

misleading 

labels. 

Liquors. 

Compounds. 

Blends. 


stance  as  not  being  contained  in  such  article,  which 
statement  shall  not  be  true  in  any  part;  or  any  state- 
ment purporting  to  name  the  substance  of  which  such 
article  is  made,  which  statement  shall  not  give  fully 
the  name  or  names  of  all  substances,  contained  in  any 
measurable  quantity. 

Second.  If  it  is  labeled  or  branded  in  imitation 
of  or  sold  under  the  name  of  another  article,  or  is 
an  imitation  either  in  package  or  label  of  another 
substance  of  a  previously  established  name,  or  if  it  be 
labeled  or  branded  so  as  to  deceive  or  mislead  the 
purchaser  or  consumer  with  respect  to  where  the 
article  was  made  or  as  to  its  true  nature  and  substance, 
or  as  to  any  identifying  term  whatsoever  whereby 
the  purchaser  or  consumer  might  suppose  the  article 
to  possess  any  property  or  degree  of  purity  or  qual- 
ity which  the  article  does  not  possess. 

Third.  If  in  the  case  of  certified  milk,  it  be  sold 
as  or  labeled  "certified  milk,"  and  it  has  not  been 
so  certified  under  rules  and  regulations  by  any  county 
medical  society,  or  if  when  so  certified  it  is  not  up  to 
that  degree  of  purity  and  quality  necessary  for  infant 
feeding  as  determined  by  the  rules  and  regulations  of 
the  state  board  of  health. 

Fourth.  If  it  be  misrepresented  as  to  weight  or 
measure,  or,  if  where  the  length  of  time  the  product 
has  been  ripened,  aged  or  stored,  or  if  where  the  length 
of  time  it  has  been  kept  in  tin  or  other  receptacle,  tends 
to  render  the  article  unwholesome,  the  facts  of  such 
excessive  storage,  ripening,  aging  or  packing  are  not 
plainly  made  known  to  the  purchaser  and  to  the  con- 
sumer. 

Fifth.  If  the  package  containing  it  or  its  label 
shall  bear  any  statement,  design,  or  device  regarding 
the  ingredients  or  the  substances  contained  therein, 
which  statement,  design  or  device  shall  be  false  or  mis- 
leading in  any  particular.  Provided,  that  articles  of 
liquor  which  do  not  contain  any  added  poisonous  or 
deleterious  ingredients  shall  not    be    deemed    to    be 


HEALTH  LAWS  OF  KENTUCKY  37 

adulterated  or  misbranded  within  the  provisions  of 
this  act,  in  the  case  of  articles  labeled,  branded  or 
tagged  so  as  to  plainly  indicate  that  they  are  com- 
pounds, imitations,  or  blends,  and  the  word  ''com- 
pound/' "imitation,''  or  "blend,"  as  the  case  may  be, 
is  plainly  stated  on  the  package  in  which  it  is  offered 
for  sale  Provided,  that  the  term  blend  as  used  herein 
shall  be  c(»nst rued  to  mean  a  mixture  of  like  sub- 
stances. imt  excluding  harmless  coloring  and  flavoring 
ingredients  used  for  the  purpose  of  coloring  and 
flavoring  only. 

(4.)      For   the    purpose   of   this   act,   an    article   of    £seftto  adult- 
food  shall  be  deemed  to  be  adulterated:  erations. 

First.  It*  any  substance  or  substances  be  mixed 
or  packed  with  it  so  as  to  reduce,  lower  or  injuriously 
affect   its  quality  <>r  strength. 

Second.  If  any  substance  be  substituted  wholly 
or  packed  with  it  bo  aa  to  reduce,  lower,  or  injuriously 
affect  its  quality  or  strength. 

Third.  It'  any  valuable  constituent  of  the  article 
has  been  wholly  or  in  part  abstracted;  or  if  the  prod- 
uct is  below  that  standard  of  quality  represented  to 

purchaser  or  consumer. 

Fourth.     If  it  is  mixed,  colored,  coated,  polished,  SgJJ^JJI*11* 
powdered,  or  stained  whereby  damage  is  concealed,  or 
if  it  is  made  to  appear  better  or  of  greater  value  than 
it  is.  or  it'  it  is  colored  or  flavored  in  imitation  of  the 

line  color  or  flavor  of  another  substance  of  a  previ- 
ously established  name. 

Fifth.  If  it  contains  added  poisonous  ingredients,  f'oisons. 
which  may  render  such  article  injurious  to  health,  or 
if  it  contains  any  antiseptic  or  preservative  which  may 
render  such  article  injurious  to  health,  or  any  other 
antiseptic  or  preservative  not  evident  or  not  plainly 
ted  <>n  the  main  label  of  the  package. 

Sixth.     If  it  consists  of  or  is  manufactured  from    JJ^pSP*- 
in  whole  or  in  part  of  a  diseased,  contaminated,  filthy   pJJ8uot»« 
or  decomposed  substance,  either  animal  or  vegetable 
substance   produced,   stored,   transported  or  kept   in 


38  HEALTH  LAWS  OF  KENTUCKY 

a  condition  that  would  render  the  article  diseased, 
contaminated  or  unwholesome,  or  if  it  is  any  part  the 
product  of  a  diseased  animal,  or  the  product  of  an 
animal  that  has  died  otherwise  than  by  slaughter,  or 
that  has  been  fed  upon  the  offal  from  a  slaughter- 
house, or  if  it  is  the  milk  from  an  animal  fed  upon 
a  substance  unfit  for  food  for  dairy  animals,  or  from 
an  animal  kept  and  milked  in  a  filthy  or  contaminated 
stable  or  in  surroundings  that  would  render  the  milk 
contaminated.  Provided,  that  any  article  of  food  which 
may  be  adulterated  and  not  misbranded  within  the 
meaning  of  this  act,  and  which  does  not  contain  any 
added  poisonous  or  deleterious  ingredient  and  which 
is  not  otherwise  adulterated  within  the  meaning  of 
paragraphs  four,  five  and  six  of  section  four  of  this 
act,  or  which  does  not  contain  any  filler  or  ingredient 
which  debases  without  adding  food  value,  can  be 
manufactured  or  sold,  if  the  same  be  labeled,  branded 
or  tagged  so  as  to  show  the  exact  character  thereof. 

uEbef  tell  ^n(*  a^  S11C^  ^aDe^s  an^  a^  labeling  of  packages  pro- 
vided for  in  any  provisions  of  this  act  shall  be  on  the 
main  label  of  each  package  and  in  such  position  and 
character  of  type  and  terms  as  will  be  plainly  seen, 
read  and  understood  by  the  purchaser  or  consumer. 
Provided,  further,  that  nothing  in  this  act  shall  be 
construed  as  requiring  or  compelling  the  proprietors, 
manufacturers  or  sellers  of  proprietary  foods  which 
contain  no  unwholesome  substances  or  ingredients  to 
disclose  their  trade  formulas  except  in  so  far  as  the 
provisions  of  this  act  require  to  secure  freedom  from 
adulteration,  imitation  or  misbranding.  But  in  the 
case  of  baking  powders,  every  can  or  other  package 
shall  be  labeled  so  as  to  show  clearly  the  name  of  the 
acid  salt  which  shall  be  plainly  stated  on  the  face  of 
the  label  to  show  whether  such  salt  is  cream  of  tartar, 
phosphate  or  alum.  Provided,  further,  that  nothing 
in  this  act  shall  be  construed  to  prohibit  the  manu- 
facture or  sale  of  oleomargarine,  butterine,  or  kindred 
compounds  in  a  separate  and  distinct  form,  and  in 


HEALTH  LAWS  OF  KENTUCKY  39 

such  manner  as  will  advise  the  consumer  of  the  real 
character,  tree  from  coloration  or  ingredient  that 
causes  it  to  look  like  butter. 

(5.)     That  the  term  drug,   as  used  in  this  act,    f^^JJJ1®11  as 
shall  include  all  medicines  and  preparations  recognized 
in  the  latest  revisions  of  the  United  States  Pharma- 
copoeia or  National  Formulary  for  internal  or  external 

and  any  substance  intended  to  be  used  for  the 
cure,  mitigation  or  prevention  of  diseases  either  of 
man  or  other  animal,  and  shall  include  Paris  green 
and  all  other  insecticides  and  fungicides. 

(6.)     That  for  the  purpose  of  this  act,  an  article    fionSsUtu" 
of  drag  shall  be  deemed  to  be  adulterated: 

Pint.     If.  when  a  drug  is  sold  under  or  by  the 
name  recognized   in  the  United  States  Pharmacopoeia 
National    Formulary,  it  differs   from   the  standard 
of  strength,  quality  or  purity,  as  determined  by  the 
laid  down   in  the   Tinted  States  Pharmacopoeia 
\ational  Formulary  official  at  the  time  of  investi- 
gation.   Provided,  that   no  drug  defined  in  the  United 

States    Pharmaeo] ii   or   National   Formulary  shall 

1m-  deemed  to  be  adulterated  under  this  provision  if 
the  standard  of  strength,  quality,  or  purity  he  plainly 
stated  upon  the  bottle.  1><,\.  (,r  other  container  thereof, 
although  the  standard  may  differ  from  that  made  by 
the  test  laid  down  in  the  United  States  Pharmacopoeia 
or   National    Formulary. 

Second.  It'  the  strength  or  purity  fall  below  the 
profesfed  standard  or  quality  under  which  it  is  sold. 

Third.      If    in    putting   up   any   drug,   medicine   or 

preparation,  proprietary  or  otherwiae,  used  in  medi- 
ea]  praetiee,  or  if  in  making  up  a  prescription  or  fill- 
in*:  an  oider  for  drugs,  medicines  or  preparations, 
proprietary  or  otherwise,  one  article  is  substituted  or 

disp. -used  for  a  different  article  for  or  in  lieu  of  the 
article  prescribed,  ordered  and    demanded,    or    if    a 

or   less   quantity   of  any   ingredient  specified 
in  such   prescription,  order  or  demand,  is  used  than 

that  prescribed,  ordered  or  demanded,  or  if  it  deviates 


40  HEALTH  LAWS  OF  KENTUCKY 

from  the  terms  of  the  prescription,  order  or  demand 
by  substituting  one  drug  for  another.  Provided,  that 
except  in  the  case  of  physicians'  prescriptions  nothing 
herein  shall  be  deemed  or  construed  to  prevent  or  im- 
pair or  in  any  manner  affect  the  right  of  the  druggist 
or  pharmacist,  or  other  person  to  recommend  the  pur- 
chase of  an  article  other  than  that  ordered,  required 
or  demanded,  but  of  a  similar  nature,  or  to  sell  such 
article  in  lieu  of  an  article  ordered,  required  or  de- 
manded, with  the  knowledge  and  consent  of  the  cus- 
tomer, 
definitions  (7.)     p0r  the  purpose  of  this  act,  an  article  of 

branding-.        drug  shall  be  deemed  to  be  misbranded : 

First.  If  the  package  or  label  bears  any  state- 
ment, design  or  device  regarding  such  article  or  drug 
or  regarding  any  ingredient  or  substance  contained 
therein  which  shall  be  false  or  misleading  in  any  par- 
ticular, or  if  it  is  falsely  branded  as  to  state,  territory 
or  country  in  which  it  is  manufactured  or  produced. 

Second.  If  it  be  an  imitation  of  or  offered  for 
sale  under  the  name  of  another  article,  or  if  it  be 
labeled,  branded,  or  in  any  way  represented  or  sold 
so  as  to  deceive  or  mislead  the  purchaser  or  consumer 
as  to  the  quality,  purity  or  medicinal  value. 

Third.  If  the  contents  of  the  package  as  orig- 
inally put  up,  or  the  contents  of  the  package,  box, 
bottle,  phial,  can  or  other  container,  sold  or  exposed 
for  sale,  delivered,  given  away,  shipped  or  offered  for 
shipment,  shall  have  been  removed  in  whole  or  in 
part,  and  other  contents  shall  have  been  placed  in 
such  package  or  box,  phial,  can  or  other  container, 
or  if  when  a  package  or  container  has  been  once  emptied 
and  new  contents  placed  therein  all  original  labels, 
marks,  brands,  and  identifying  marks  are  not  en- 
tirely removed  or  effaced  and  new  labels,  marks  and 
brands  truthfullj'  describing  the  new  product  or  prod- 
ucts affixed :  Provided,  that  such  new  contents  shall 
not  be  like  or  similar  to  said  original  contents. 


HEALTH  LAWS  OF  KENTUCKY 


41 


Fourth.  If  the  package,  box,  bottle,  phial,  can  or 
other  container  shall  fail  to  bear  a  statement  on  the 
label  of  the  quantity  or  proportion  of  any  alcohol, 
morphine,  opium,  cocaine,  heroin,  alpha  or  beta 
eucaine,  chloroform,  cannabis  indica,  chloral  hydrate, 
or  acetanilide,  or  any  derivative,  or  any  preparation 
of  any  such  substance  contained  therein.  Provided, 
that  oothing  in  this  paragraph  shall  be  construed  to 
apply  to  the  dispensing  of  prescriptions  written  by  a 
regularly  licensed  practicing  physician,  veterinary 
Burgeon  or  dentist  and  kept  on  file  by  the  dispensing 
pharmacist,  or  to  such  drugs  as  are  recognized  in  the 
United  States  Pharmacopoeia  and  the  National  Form- 
ulary, and  which  are  sold  under  the  name  by  which 
they  arc  recognized.  And.  provided,  further  that  this 
provifl  II   not    be  construed  as  repealing  or   in 

conflict  with  any  statute  which  prohibits  the  sale  of 
in  drugs  except  upon  a  prescription  of  a  phy- 
sician. And  provided,  further,  that  nothing  in  this 
act  shall  be  construed  as  repealing  any  acts  regulat- 

the  practice  of  medicine  or  pharmacy  not  in  con- 
flict herewith.  Provided,  further  that  no  prescription 
shall  l>c  knowingly  refilled  except  for  the  person  for 

whom    i*    was    written. 

(8.)       It    shall    be    the   duty    of    the   state  board   of 

health  to  make,  or  cause  to  be  made,  examinations  of 
samples  of  food  and  drugs  manufactured  or  on  sale 
or  dispensed  in  Kentucky  at  such  time  and  place,  and 
ich  extenl  as  it  may  determine.  It  shall  also  make 
or  cause  to  be  made  analysis  of  any  sample  of  food 
or  drug  which  it  or  any  health  official  or  the  state 
board  of  pharmacy  may  suspect  of  being  adulterated 
or  misbranded.  and  of  any  sample  of  food  or  drug 
furnished  by  any  Commonwealth,  county  or  city  at- 
torney of  this  State.  And  the  said  board  may  ap- 
point such  agent  or  agents  or  inspectors  as  it  may  deem 
necessary,  who  shall  have  free  access  at  all  reasonable 

hours  for  the  purpose  of  examining  into  places  where- 
in any  food  or  drug  product  is  being  produced,  manu- 


Labeling    as 
to    habit- 
forming: 
drugs. 


Duty    as    to 

systematic 
•  x.nninn- 
tlona  of 
food  and 
drugs. 


i'2 


HEALTH  LAWS  OF  KENTUCKY 


Inspectors. 
Standards 
to  be  fixed 
and  pub- 
lished. 


Adulterated 
or  mis- 
branded 
food  and 
drug's. 
Prosecu- 
tions. 


factured,  prepared,  kept  or  offered  for  sale  or  dispensed 
for  the  purpose  of  determining  as  to  whether  or  not 
any  of  the  provisions  of  this  act  are  being  violated,  and 
such  agent  or  agents  upon  tendering  the  market  price 
of  any  article,  may  take  from  any  person,  firm  or  other 
corporation,  a  sample  of  any  article  desired  for  exam- 
ination. 

That  the  state  board  of  health  is  hereby  em- 
powered to  adopt  and  fix  the  methods  by  which  samples 
taken  under  the  provisions  of  this  act  shall  be  analyzed 
or  examined  and  to  adopt  and  fix  standards  of  purity, 
quality  or  strength  when  such  standards  are  necessary 
or  are  not  specified  or  fixed  herein  or  by  statute.  Pro- 
vided, that  such  standards  shall  be  published  for  the 
information  and  guidance  of  the  trade.  Provided, 
further,  that  for  the  purpose  of  uniformity,  when  such 
standards  so  fixed  differ  from  the  legally  adopted 
standards  of  the  United  States  Department  of  Agri- 
culture, the  state  board  of  health  shall  arrange  for 
a  conference  between  the  proper  food  control  repre- 
sentative's of  the  United  States  Department  of  Agri- 
culture and  the  board  and  the  representatives  of  the 
trade  to  be  affected,  for  the  purpose  of  arriving,  if 
possible,  at  a  uniform  state  and  national  standard. 
And  provided,  further,  that  when  the  standard  or 
nomenclature  for  any  food  or  food  product  has  been 
determined  by  the  Supreme  Court  of  the  United  States 
such  standard  or  nomenclature  shall  govern  in  the  en- 
forcement of  the  provisions  of  this  act.  And  provided 
that  all  rules  and  regulations  for  the  governing  and 
carrying  out  of  the  provisions  of  this  act  relating  to 
drugs  shall  be  made  and  established  by  a  committee 
of  three  persons  composed  of  the  director  of  the  ex- 
periment station,  the  president  of  the  State  Board  of 
Health  and  the  pharmacist  member  of  said  board. 

(9.)  Whenever  any  article  shall  have  been  ex- 
amined and  found  to  be  adulterated  or  misbranded  in 
violatiin  of  this  act,  the  state  board  of  health  shall 
certifv  the  facts  to  the  Commonwealth's  attorney  of 


HEALTH  LAWS  OF  KENTUCKY  43 

the  district,  or  to  the  county  attorney  of  the  county, 
or  the  city  attorney  of  any  city  or  town,  in  which  the 
said  adulterated  or  misbranded  food  or  drug  product 
was  found,  together  with  a  statement  of  the  results 
of  the  examination  of  said  article  of  food  or  drug, 
duly  authenticated  by  the  analyst  under  oath  and 
taken  before  some  officer  of  this  Commonwealth  au- 
thorized to  administer  an  oath,  having  a  seal.    And   R^es  °*  . 

°  District   and 

it  shall  be  the  dutv  of  every  Commonwealth  a  attorney,  County 

Attorneys. 

county  attorney  and  city  attorney  to  whom  the  state 
hoard  of  health,  or  the  State  Board  of  Pharmacy,  or 
to  whom  the  chief  health  officer  of  any  county,  town 
or  city  shall  reporl  any  violation,  to  cause  proceedings 
to  he  commenced  againal  the  party  bo  violating  this  act, 
and  the  same  prosecuted  in  the  manner  as  required 
by  law.  Provided,  however,  that  in  the  case  of  the 
ftrsl  charge  or  finding,  the  manufacturer  or  dealer 
shall  be  notified  of  tin-  finding  and  be  given  a  hearing 
within  fifteen  days  before  a  report  is  made  to  the 
Commonwealth's,  county  or  city  attorney  as  herein 
provided;  provided,  further,  that  where  more  than 
sample  of  the  same  brand  of  product  has  been 
taken  and  examined,  the  tirst  finding  or  charge  shall 
be  construed  to  apply  to  all  samples  so  taken,  and 
notice  and  bearing  shall  apply  to  all  such  samples. 

(10.)      Said  board  shall  make  an  annual  report  to    Reports  to 

iiuvcnwr 

the  (inventor  upon  adulterated  food  or  drug  products    an<i  General 
iii  addition  to  the  reports  required  by  law,  and  such  an- 
nual  reports  thai]   be  submitted  to  the  General   As 
sembly  at  its  first  regular  session,  and  said  board  may 
issue  from  time  to  time  a  bulletin  giving  the  results 
of  the  inspections  and  of  all  analyses  of  samples  taken 

lubmitted  for  examination  under  this  act,  together 
with  the  names  of  the  parties  from  whom  the  samples 
Were  taken,  or  where  the  inspections  were  made,  and 

far  as  possible,  the  name  of  the  manufacturers,  the 
number  of  samples  found  to  be  adulterated,  the  num- 
ber found  not  to  be  adulterated,  and  other  information 
which   may  be  of  interest   to    the    manufacturers    or 


44 


HEALTH  LAWS  OF  KENTUCKY 


Hearings. 


Collection 
and  analysis 
of  samples. 


Duties  of 
Experiment 
Station. 
Examination 
of  water, 
ice,   sewage 
and  disease 
products. 


dealers  in  food  or  drug  products  or  to  the  consumer; 
provided,  however,  that  before  such  publication  is 
made  the  manufacturer  of  the  article  and  the  dealer 
shall  be  furnished  a  true  copy  of  the  facts  to  be  pub- 
lished regarding  the  article  at  least  thirty  days  before 
the  publication  and  hearing  given  the  dealer  and  man- 
ufacturer, and  any  true  statements  or  explanations  of 
reasonable  length,  as  determined  by  said  board,  made 
by  such  manufacturers  shall  be  included  in  the  same 
place  and  along  with  the  publication  made  regarding 
the  article. 

(11.)  The  state  board  of  health  may  provide 
for  the  examination  of  any  sample  of  food  or  drug 
taken  or  submitted  in  accordance  with  the  provisions 
of  this  act,  and  for  procuring  samples  of  food  or  drugs 
and  for  making  inspection  into  the  condition  and 
wholesomeness  and  purity  of  the  food  produced,  man- 
ufactured or  sold  in  food  factories,  grocery  stores, 
bakeries,  slaughter-houses,  dairies,  milk  depots  or 
creameries,  and  all  other  places  where  foods  are  pro- 
duced, prepared,  stored,  kept  or  offered  for  sale ;  for 
studying  the  problems  connected  with  the  production, 
preparation  and  sale  of  foods;  investigations  for 
standards,  expert  witnesses  attending  the  grand  juries 
and  courts,  clerk  hire,  and  all  other  expenses  neces- 
sary for  carrying  out  the  provisions  of  this  act,  in- 
cluding salary  of  the  experts  employed  in  the  work. 

That  the  Experiment  Station  of  the  University 
of  Kentucky,  in  its  chemical,  bacteriological  or  re- 
search laboratories  that  are,  or  may  be,  established, 
shall  make  such  analytical,  chemical  or  bacteriological 
examination  of  samples  of  foods,  drugs,  or  their  labels, 
as  herein  provided :  drinking  waters,  ice,  sewage ; 
specimens  of  fluids,  discharges  or  excretions  from  the 
body  of  humans  or  other  animals  suspected  of  being 
diseased,  to  determine  the  presence  of  typhoid  fever, 
meningitis,  tuberculosis,  venereal  diseases,  pneumonia, 
diphtheria  and  such  other  diseases  as  may  be  named 
bv  the  state  board  of  health :   the  brains  of  animals 


HEALTH  LAWS  OF  KENTUCKY 


45 


for  examination  for  rabies:  thai  may  be  submitted  to 
said  >tatioii  by  the  state  board  of  health  in  the  dis- 
charge ol  said  board's  duties,  and  shall  conduct 
promptly  and  efficiently  this  and  such  other  laboratory 
work  for  the  state  board  of  health  as  the  laws  of 
the  Commonwealth  require  of  said  board. 

In  the  presence  of  an  outbreak,  or  impending  out- 
break, of  cholera,  yellow  fever,  plague,  cerebro-spinai 
meningitis,  infantile  paralysis  or  other  pestilence  said 
laboratory  shall  equip  and  conduct  Buch  an  emergency 

laboratory  at  any  place  as  may  be  needed  or  demanded 
by   the  state   board   of    health    for   the    prompt    location. 

diagnosis  and  suppression  of  such  pestilence,  the  cost 
of  which  laboratory  to  be  paid  out  of  the  "contingent 
fmid'*  provided  herein  for  the  use  of  said  board  for 

purpofl 
The  University  of  Kentucky  shall  employ  a  di 

■  of  the  Laboratories  for  the  work  of  the  board, 
whose  qui  shall  include  technical  and  scien- 

tific training  and  experience  in   public  health  work. 

and  if  at  any  time,  the  board  finds  that   such  director 

is  incompetentj  neglectful  or  onsuited  for  the  work. 
upon  the  written  request  of  said  board,  the  University 
entucky  -hall  forthwith  employ  another  dirt 
chosen  as  herein  provided.   The  University  may 

;it    BUCh    assistants   afl    may    be    necessary  for   the 

of  the  work  of  the  laboratories.  The  compel, 

>r  and  assistants  shall  be  paid  in 

tame  manner  as  instructors,  in  the  University  of 

tucky,  from  the  funds  provided  in  ibis  act. 

The   director    of   said    laboratory    or   laboratories, 

at    tiie    direction    Of    the    state    board    Of    health,    shall 

and  furnish  such  a  supply  of  shipping  and  mailing 
containers  and  other  laboratory  equipments  and  sup- 
plies as  may  be  necessary  to  execute  the  work  of  the 
board,  provided  the  total  cost  to  the  said  station  as 
may  |  >rth  m  an  Itemized  statement  to  the  board 

shall  not  exceed  the  sum  of  money  paid  to  said  sta- 
tion by  the  board  as  provided  herein, 


Emergency 
laboratories 
during 
epidemics. 


•i-  :uiu 
assistants 
tor  labora- 
tories. 


Shipping 
and  mailing 
container*!, 


46 


HEALTH  LAWS  OF  KENTUCKY 


Experiment 
Station. 
Compensa- 
tion. 


Fees  for  ex- 
amination 
of  food, 
drugs  and 
labels. 


Fees  for 
analysis  of 
food    and 
drugs  found 
adulterated 
or  mis- 
branded. 


The  said  station  shall  be  paid  the  sum  of  eighteen 
thousand  dollars  per  annum  for  conducting  the  work 
of  the  state  board  of  health  as  herein  provided,  out 
of  the  fees  collected  under  section  2  of  this  act  (Sec- 
tion 2059  of  the  Kentucky  Statutes)  and  section  3  of 
this  act  (Section  2060  of  the  Kentucky  Statutes)  which 
amount  shall  be  exclusive  of  the  appropriation  of 
seventy-five  thousand  dollars  herein  provided.  And  in 
the  event  the  said  fees  do  not  amount  to  said  sum  of 
eighteen  thousand  dollars,  the  state  board  of  health 
shall  pay  the  balance  out  of  its  appropriation.  Said 
amount  of  eighteen  thousand  dollars  shall  be  paid  in 
equal  monthly  installments  of  one  thousand  five  hun- 
dred dollars  by  the  Treasurer  of  this  Commonwealth 
to  the  treasurer  of  the  said  University  of  Kentucky 
upon  a  warrant  issued  by  the  Auditor,  who  shall  issue 
such  a  warrant  upon  the  receipt  of  a  voucher  from 
the  state  board  of  health  certifying  to  the  amount 
due  said  experiment  station  of  the  University  of  Ken- 
tucky, as  other  accounts  of  the  said  board  are  paid. 

(12.)  The  said  board  may  fix  reasonable  fees 
for  the  examination  of  samples  of  foods  or  drugs,  or 
labels  for  the  same,  submitted  by  manufacturers  or 
dealers,  for  the  purpose  of  determining  as  to  whether 
any  such  products  or  labels  comply  with  the  pro- 
visions of  this  law,  and  reasonable  fees  for  the  exam- 
ination of  labels  and  inquiry  into  other  matters  con- 
nected with  the  enforcement  of  this  act,  and  which 
may  be  requested  of  said  board.  And,  whenever  a 
sample  has  been  found  to  be  adulterated  or  misbranded, 
the  said  board  shall  collect  a  fee,  not  to  exceed  fifteen 
dollars,  to  cover  the  costs  of  investigation  or  analysis, 
to  be  taxed  as  costs  and  paid  by  the  magistrate,  police 
judge,  or  clerk  of  any  court  in  which  prosecution  is 
brought,  and  is  in  favor  of  the  Commonwealth,  to  the 
Auditor  of  Public  Accounts  or  by  the  state  board  of 
health,  at  civil  suit,  and  all  such  fees,  so  collected, 
shall  be  paid  to  the  Auditor  of  Public  Accounts  and 
set  aside  as  a  fund  for  the  partial  maintenance  of  the 


HEALTH  LAWS  OF  KENTUCKY 


47 


appropriation  made  herein,  and  for  the  further  enforce- 
ment of  the  act  in  the  event  that  the  fees  amount  to 
more  than  the  appropriation  made  herein. 

-  (13.)  The  said  board  shall  analyze  or  cause  to 
ualyz.-d  samples  submitted  by  county  and  city 
health  officers,  provided  such  samples  are  submitted 
in  accordance  with  the  terms  of  the  said  act;  and  the 
board  shall  have  the  right  to  require  county  and  city 
health  officers  or  food  and  dairy  inspectors  to  make 
inspections  and  to  collect  and  send  samples  for  ex- 
amination and  to  call  upon  all  other  county  and  city 
officials  for  assistance  in  carrying  this  act  into  effect. 
As  means  for  further  carrying  out  the  provisions  of 

this  act.  the  experts  employed  under  the  provisions  of 
this   act    shall    give    inst  met  ion.    free   <>f   cost,    to    any 

county  or  eity  health  officer  or  employe  of  any  county 
or  city  health  department,  who  may  reqnesl  the  same, 
in  matters  pertaining  to  the  inspection  and  practical 

remed  unsanitary  conditions  in  the  preparation, 

storage  and  sale  of  foods,  examination  of  samples,  and 

similar  matters;  and  such  courses  of  instruction  at 

the  laboratory  of  the   board  or  State  University  or 

Normal   Schools,  or  at  the  animal  school  for 

•h  officers  as  provided  by  law, 

U.        When    any    manufacturer    shall    offer    any 

article  of  food  or  drag  for  sale  in  the  state,  he  shall 

file    with    the   state   hoard    of   health    the   name   of   the 

brand,  the  name  of  the  product,  the  [dace  of  its  man- 
hire  or  pi  eparation,  and  a  true  copy  of  all  Labeling 
used  thereupon.   Failure  to  so  file  within  thirty  days 

shall  he  punk  provided  herein  by  the  laws  of 

this  ( lommonwealth. 

(15.)     In  all   prosecutions    under    this    act,    the 

courts  shall  admit  as  evidence  a  guaranty  which  has 

been  made  to  the  holder  of  the  guaranty  by  any  man- 

irer  or  wholesaler  residing  in  this  state,  to  the 

•  that  the  product  complained  of  is  not  adulterated 
or  misbranded  within  the  provisions  of  this  act.  And 
said   guaranty,   properly  signed   i»y    the    wholesaler, 


Analyses  to 
be  made  lor 
county     and 
eity  health 
officers. 
Health    offi- 
cers may  be 
required     to 
make   in- 
spections 
ami    to    col- 
lect and 
send  in 

samples. 
Health    offi- 
cers and 
other  of- 
ficials to  re- 
ceive in- 
struction a 
as  to  duties. 


Manufactur- 
ers to  file 

brands  ami 
labels. 

r.  unities. 


( luarontlea 

to  be  admit  - 
t.-d  as  evi- 
dence under 
certain  con- 
ditions. 
Labeling  of 
food  com- 
pounds. 


48 


HEALTH  LAWS  OF  KENTUCKY 


jobber  or  manufacturer  or  other  party  residing  within 
this  State  from  whom  the  holder  of  the  guaranty  may 
have  purchased  the  article  or  articles  complained  of, 
and  containing  the  full  name  and  address  of  the  party 
or  parties  making  the  sale  of  such  article  to  the  holder 
of  the  guaranty,  and  in  the  absence  of  any  proof  that 
the  article  or  articles  complained  of  were  adulterated 
or  misbranded  after  they  had  been  received  by  the 
holder  of  the  guaranty,  shall  be  a  bar  to  prosecution 
of  the  holder  of  such  guaranty  under  the  provisions 
of  this  act. 

(16.)  Nothing  in  this  act  shall  be  construed  to 
prohibit  the  manufacture  or  sale  of  colored  oleomar- 
garine, butterine,  or  kindred  compounds  in  a  separate 
and  distinct  form,  and  in  such  manner  as  will  ad- 
vise the  consumer  or  purchaser  of  the  real  character  of 
the  article,  providing  the  coloring  matter  or  in- 
gredient used  in  coloring  same  is  harmless,  not  poison- 
ous and  not  deleterious  to  health. 


Food    estab- 
lishments. 
Light, 
drainage, 
plumbing 
and   ventila- 
tion. 

Health  of 
employes. 


SANITATION  OF  FOOD  ESTABLISHMENTS 
Chapter  37,  p.  420,  Acts  of  1916- 

Sec.  2060b-l.  That  every  building,  room,  base- 
ment, inclosure  or  premises,  occupied,  used  or  main- 
tained as  a  bakery,  confectionery,  cannery,  packing 
house,  salughter-house,  creamery,  cheese  factory, 
restaurant,  hotel,  grocery,  meat  market,  or  as  a  factory, 
shop,  warehouse,  any  public  place  or  manufacturing 
establishment  used  for  the  preparation,  manufacture, 
packing,  storage,  sale  or  distribution  of  any  food  as 
defined  by  statute,  which  is  intended  for  sale,  shall 
be  properly  and  adequately  lighted,  drained,  plumbed 
and  ventilated,  and  shall  be  conducted  with  strict  re- 
gard to  the  influence  of  such  conditions  upon  the  health 
of  the  operatives,  employes,  clerks,  or  other  persons 
therein  employed,  and  the  purity  and  wholesomeness 
of  the  food  therein  produced,  prepared,  manufactured, 
packed,  stored,  sold  or  distributed. 


HEALTH  LAWS  OF  KENTUCKY 


49 


2,  The  floors,  sidewalk,  ceilings,  furniture,  recep- 
tacles, implements  and  machinery  in  every  such  estab- 
lishmenl  or  place  where  sneh  food  intended  for  sale  is 
produced,  prepared,  manufactured,  packed,  stored,  sold 
or  distributed,  and  all  cars,  trucks  and  vehicles  used  in 
the  transportation  of  such  food  products,  shall  at  no 
time  be  kept  or  permitted  to  remain  in  an  unclean,  un- 
healthy or  insanitary  condition;  and  for  the  purpose  of 
this  act. unclean,  nnhealthfnl  and  insanitary  conditions 
shall  be  deemed  to  exist  if  food  in  the  process  of  pro- 
duction, preparation,  manufacture,  packing,  storing, 
sale,  distribution  or  transportation  is  not  securely  pro 
1  from  Mies,  dust,  dirt,  and.  as  far  as  may  be  neees- 

Bary,  by  all  reasonable  means,  from  all  other  foreign  or 

injurious  contamination;  or  if  the  refnsr,  dirt  or  waste 
products  subject  to  decomposition  and  fermentation  in 
cidenl  to  the  manufacture,  preparation,  packing    >:<u 
ing,  selling,  distribution  or  transportation  of  such  food 
are   not    removed   daily,   or   if  all   trucks,   trays.   1 
buckets  or  other  receptacles,  or  the  chutes,  platforms. 

.  tables,  shelves,  and  knives,  saws,  cleavers  or 
Other  utensils,  or  the  machinery  used  in  moving, 
handling,  cutting,  chopping,  mixing,  canning  or  other 
processes  are  not  thoroughly  cleaned  daily,  or  if  the 
elothi  operatives,  employes,  clerks  or  other  per- 

therein  employed  is  unclean. 

T         idewalls  and  ceilings  of  every  bakery, 
confectionery,  creamery,  cheese  factory  and  hotel  or 

irant    kitchen    shall    be    BO    constructed   that    they 

easily  l"-  kept   clean;  and  every  building,  room, 

•  or  Inclosure  occupied  or  used  for  Qm  prepar 

;.  manufacture,   packing,  si  >rage,  sale  or  distri- 

•i  of  food  shall  have  an  impermeable  floor  made 

of  eemenl  or  tile  Laid  in  cement,  brick,  wood  or  other 

suitable   material    which   can  be  flushed  and  washed 

.n  with  water. 

4.      AH   such   factories,  buildings  and  other  places 

containing  I I    ihall    be  io    provided     with    proper 


Buildinr, 
furnishings, 

implements, 
etc.,   to  be 
kept   clean. 


When  deem- 
ed   unsani- 
tary. 


Walls,    ceil- 
ings,   floors, 
etc.,    con- 
struction of. 


Fly  screens. 


50 


HEALTH  LAWS  OF  KENTUCKY 


Toilets    and 
lavatories. 


Certain  con- 
ditions de- 
clared a  nui- 
sance. 


Misde- 
meanor to 
maintain. 


doors  and  screens,  adequate  to  prevent  contamination 
of  the  product  from  flies. 

5.  Every  such  building,  room,  basement,  inclosure 
or  premises  occupied,  used  or  maintained  for  the 
preparation,  manufacture,  canning,  packing,  storage, 
sale  or  distribution  of  such  food,  shall  have  adequate 
and  convenient  toilet  rooms,  lavatory  or  lavatories. 
The  toilet  room  shall  be  separate  and  apart  from  the 
room  or  rooms  where  the  process  of  production,  pre- 
paration, manufacture,  packing,  storing,  canning,  sell- 
ing and  distributing  is  conducted.  The  floors  of  such, 
toilet  rooms  shall  be  furnished  with  separate  ventilat- 
ing flues  and  pipes  discharging  into  soil  pipes,  or  shall 
be  on  the  outside  of  and  well  removed  from  the 
building.  Lavatories  and  wash  rooms  shall  be  ad- 
jacent to  toilet  rooms,  or  when  the  toilet  is  outside 
of  the  building,  the  wash  room  shall  be  near  the 
exit  to  the  toilet  and  shall  be  supplied  with  soap, 
running  water  and  towels,  and  shall  be  maintained  in  a 
sanitary  condition. 

6.  If  any  such  building,  room,  basement,  inclo- 
sure or  premises  occupied,  used  or  maintained  for 
the  purposes  aforesaid,  or  if  the  floors,  sidewalls, 
ceilings,  furniture,  receptacles,  implements,  appli- 
ances or  machinery  of  any  such  establishment,  shall 
be  constructed,  kept,  maintained  or  permitted  to 
remain  in  a  condition  contrary  to  any  of  the  require- 
ments or  provisions  of  the  preceding  five  sections  of 
this  act,  the  same  is  hereby  declared  a  nuisance,  and 
any  toilet,  toilet  room  lavatory,  or  wash  room  as  afore- 
said, which  shall  be  constructed,  kept,  maintained  or 
permitted  to  remain  in  a  condition  contrary  to  the  re- 
quirements or  provisions  of  section  2060b-5  of  this 
act,  is  hereby  declared  a  nuisance ;  and  any  car,  truck 
or  vehicle  used  in  the  moving  or  transportation  of 
any  food  product  as  aforesaid,  which  shall  be  kept  or 
permitted  to  remain  in  an  unclean,  unhealthful  or  in- 
sanitary condition,  is  hereby  declared  a  nuisance.  "Who- 
ever unlawfully  maintains  or  allows  or  permits  to  exist 
a  nuisance  as  herein  defined  shall  be  guilty  of  a  mis- 


HEALTH  LAWS  OF  KENTUCKY 


51 


demeanor,  and,  on  conviction  thereof,  shall  be  punished 
as  herein  provided. 

7.  Every  person,  firm  or  corporation  operating 
or  maintaining  an  establishment  or  place  where 
food  is  produced,  prepared,  manufactured,  pack- 
ed, stored,  sold  <>r  distributed  shall  provide  the  nec- 
essary cuspidors  for  the  use  of  the  operatives,  em- 
ployes, clerks  and  other  persons,  and  each  enspidor 
shall  be  thoroughly  emptied  and  washed  out  daily 
with  warn-  or  a  disinfectant  solution,  and  fire  ounces 
thereof  shall  be  left   in  each  cuspidor  while  it  is  in 

r  fails  to  observe  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor  and  punished 
as  herein  provided. 

8.  No  operative,  employe  or  other  person  shall 
expec  00   the  food,  Or  <>n  the  utensils,  or  on  the 

si.lrwalls   of  any    building,   room,   basement 

or  cellar  where  the   production,   preparation,   nianu- 

facture,   packing,   Btoring  or  sale  of  any  such  food 

inducted.    Operatives,   employes,  clerks  and  all 

other    persona    who    handle    the    material    from    which 

sueh  food  is  prepared  or  the  finished  product,  before 
beginning  work,  or  after  visiting  toilet  or  toilets,  shall 

wash  their  hands  thoroughly  in  elean  water.  Whoever 
fails  to  observe  or  violates  the  provisions  of  this  sec- 
tion shall  be  guilty  of  a  misdemeanor  and  punished  by 
a  fine  of  not   more  than  twenty-five  dollars. 

9.  It    ihall    he   unlawful    for  any    perSOS    l"   sleep 

or  t"  allow  or  permit   any  person  to  sleep,  in  any 

Work    room    of    A    bake    shop,    kitchen,    dining    room. 
Ctionery,   creamery,   cheese    factory,  or  any   place 

where  food  is  prepared  for  sale,  served  or  sold,  unless 

all  foods  therein  handled  are  at  all  times  in  hermctical- 
1  packages. 
1(>.      It    shall    he    unlawful     for    any    employer    to 

require,  suffer  <>r  permit  any  person  who  is  affected 
with   any   contagious   or   venereal    disease   to   work, 

"i-    for    any    person    SO    affected    to    work    in    a    build- 

ing,   room,   basement,   inelosure,   premises  or   vehicle 


Cuspidors. 
Misde- 
meanor   not 
to    maintain 
properly. 


on 


Spittln* 

or  about 
food  estab- 
lishments. 
Kmployes  to 
wash  hands. 
Penalty  for 
violation. 


Sleeping   in 
food  estab- 

lishments 
forbidden. 


Persons  af- 
fected with 
contagious 
or  venereal 
diseases  not 
to   l"1  em- 

ployed. 


52 


HEALTH  LAWS  OF  KENTUCKY 


Officials  to 
enforce  law. 
Power  to 
enter    build- 
ings. 

Report  of 
violation    of 
law    or    un- 
sanitary 
conditions. 
Order  by- 
health    offi- 
cer to  abate 
conditions. 


Hearing    on 
order. 

Final   order. 
Prosecution 
for   viola- 
tions. 


occupied  or  used  for  the  production,  preparation,  man- 
ufacture, packing,  storage,  sale,  distribution  or  trans- 
portation of  food. 

11.  It  shall  be  the  duty  of  the  officials  in 
charge  of  the  enforcement  of  the  pure  food  laws  of 
the  State,  and  of  the  state  board  of  health,  and  the 
county  and  city  health  officers,  and  the  duly  appointed 
agents  of  all  such,  to  enforce  the  provisions  of  this 
act,  and  for  that  purpose  such  officers  shall  have  full 
power  at  all  times  to  enter  every  such  building,  room, 
basement,  inclosure  or  premises  occupied  or  used  or 
suspected  of  being  occupied  or  used  for  the  produc- 
tion, preparation  or  manufacture  for  sale,  or  the  stor- 
age, sale,  distribution  or  transportation  of  such  food, 
to  inspect  the  premises  and  all  utensils,  fixtures, 
furniture  and  machinery  used  as  aforesaid ;  and  if  upon 
inspection  any  such  food  producing  or  distributing 
establishment,  conveyance,  or  any  employer,  employe, 
clerk,  driver  or  other  person  is  found  to  be  violating 
any  of  the  provisions  of  this  act,  or  if  the  production, 
preparation,  manufacture,  packing,  storage,  sale,  dis- 
tribution or  transportation  of  such  food  is  being  con- 
ducted in  a  manner  detrimental  to  the  health  of  the 
employes  and  operatives,  or  to  the  character  or  quality 
of  the  food  therein  being  produced,  manufactured, 
packed,  stored,  sold,  distributed  or  conveyed,  the  offi- 
cer or  inspector  making  the  inspection  or  examination 
shall  report  such  conditions  and  violations  to  the  chief 
pure  food  official,  or  to  the  state  board  of  health,  or  to 
the  chief  county  or  city  health  officer,  as  the  case  may 
be.  and  such  officer  or  officers  shall  thereupon  issue 
a  written  order  to  the  person,  firm  or  corporation  re- 
sponsible for  the  violation  or  condition  aforesaid,  to 
abate  such  condition  or  violation  or  to  make  such 
changes  or  improvements  as  may  be  necessary  to  abate 
them,  within  such  reasonable  time  as  may  be  required 
in  which  to  abate  them.  Notice  of  such  order 
may  be  served  by  delivering  a  copy  thereof  to 
said    person,     firm     or    corporation,    or    by  sending 


HEALTH  LAWS  OF  KENTUCKY  63 

a  eopy  thereof  by  registered  mail,  and  the  re- 
ceipt thereof  through  the  post  office  shall  be 
prima  facie  evidence  thai  notice  of  said  order  has  been 
ived.  Such  person,  firm  or  corporation  shall  have 
the  right  to  appear  In  person  or  by  attorney  before 
the  officer  issuing  the  notice,  or  the  person 
appointed  by  him  for  such  purpose,  within  the  time 

to    show    why    such    order    or    instructions   should   not 

be  obeyed.  Sucn  hearing  shall  be  under  such  rules  and 

liations  as  may  be  prescribed  by  the  state  board 

of  health.     It'  after  such  bearing  it  shall  appear  that 

the  provisions  <>r  requirements  of  this  act  have  not 

1 u  violated,  said  order  shall  he  rescinded.  If  it  shall 

appear  thai  the  provisions  or  requirements  of  this 
act   are   being    violated,   and    that    the    person,    firm   <>r 

corporation  notified  as  aforesaid  is  responsible  there- 
said  previoB  shall  be  confirmed  or  amended, 

the  facts  shall  wan-ant.  and  shall  thereupon  be 
final,  hut  Mich  additional  time  as  is  necessary  may  be 
I  within  which  to  comply  with  said  final  order. 
[f  snefa  person,  firm  or  corporation  is  qoI  present  or 
represented  when  such  final  order  is  made,  notice 
thereof  shall  be  given  as  above  provided.  On 
failure  of  the  party  or  parties  to  comply  with  the 
tirst  order  within  the  time  prescribed,  when  no  hear- 
ing  is  demanded,  or  upon    failure   to  comply   with   the 

final  order  within  the  time  si ified  by  the  Food  Com- 

loner.  the  facts  mall  he  certified  to  the  Common" 
wealth's  county  or  city  attorney  of  the  district  in 
which  sucn  violations  occurred,  and  said  attorney  shall 

the   party  or  parties   for  the  fines  and 

penalties  provided  by  this  act,  and  also  for  the  abate- 
ment of*  the  nuisance;  provided,  that  the  proceedings 
herein  prescribed  for  the  abatement  of  nuisances  as  de- 
fined in  tin  .all  not  in  any  manner  relievo  the 
violator  from  prosecution,  in  the  first  instance  for  every 
such  violation,  nor  from  the  penalties  f«>r  such  viola- 
tion prescribed  by  section  2060b  12  of  this  act. 


54 


HEALTH  LAWS  OF  KENTUCKY 


Food  adul- 
terated  or 
injurious    to 
health  to  be 
tagrged  by 
officers. 
Penalty    for 
disposing: 
thereof 
thereafter. 
Notice  by 
the  tag-. 


Petition    for 
order  to  de- 
stroy   the 
food. 

Destruction 
at  cost  of 
owner. 


12.  1.  Whenever  any  of  the  duly  authorized 
officers  mentioned  in  section  2060b-ll  shall  find 
any  article  of  milk,  meat  or  other  food  which  is 
adulterated  within  the  meaning  of  this  ordinance,  or 
any  other  article  or  substance  which  is  detrimental 
to  public  health,  such  article  shall  be  tagged  or  other- 
wise properly  marked,  giving  notice  that  the  product 
is  suspected  of  being  adulterated  or  detrimental  to 
public  health,  and  warning  all  persons  not  to  remove 
the  same  until  given  permission  by  such  officer,  or  the 
courts,  and  it  shall  be  unlawful  for  any  person  or  per- 
sons, firm  or  corporation  to  remove  or  otherwise  dis- 
pose of  same  in  violation  of  this  section,  and  any  per- 
son or  persons,  firm  or  corporation  doing  so  shall  be 
fined  not  less  than  ten  dollars,  nor  more  than  one  hun- 
dred dollars,  or  be  imprisoned  not  to  exceed  fifty  days, 
or  both   such  fine  and  imprisonment. 

2.  Such  tag  or  notice  shall  give  notice  that  the 
article  has  been  quarantined.  The  officer  shall  then 
petition  the  judge  of  the  police  court,  county  or  circuit 
court  in  the  district  in  which  the  food  is  found  for  the 
condemnation  and  destruction  of  any  such  product. 
The  owners  or  defenders  of  any  such  product  or  prop- 
erty shall  be  given  the  right  to  a  hearing,  first  be- 
fore the  officer,  if  they  so  desire,  and  before  the  court. 
The  notice  of  a  hearing  to  be  before  the  officer  shall 
also  state  the  length  of  time  within  which  such  hear- 
ing may  be  had. 

3.  In  case  the  finding  of  the  court  is  with  the 
officer  the  article  shall  be  destroyed  at  the  expense 
of  the  owner  'of  the  property,  or  by  the  owner  of  the 
property  under  the  supervision  of  the  officer,  and  in 
such  case  all  other  costs  shall  be  taxed  against  the 
owners  or  defenders  of  the  property,  if  such  appear, 
or  shall  be  collected,  if  no  one  appear,  against  the 
owner  or  agent  properly  ascertained. 

13.  Whoever  violates  any  of  the  provisions 
of  this  act,  or  who  refuses  to  compl}'  with  any  law- 
ful  order   or   requirement   duly   made   in  writing   as 


HEALTH  LAWS  OF  KENTUCKY 


55 


provided  in  Sec.  2060b-ll  of  this  act  shall  be  guilty 
of  a  misdemeanor  and  on  conviction  shall  be  punished 
by  fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars,  or  by  imprisonment  not  to  exceed 
thirty  days,  or  by  both  fine  and  imprisonment,  and 
for  the  second  and  subsequent  offenses  by  a  fine  of 
not  less  than  fifty  dollars  nor  more  than  two  hundred 
dollars  or  by  imprisonment  in  the  county  jail  for  not 
more  than  ninety  days,  or  both,  in  the  discretion  of  the 
court;  and  each  day  after  the  expiration  of  the  time 
limit  for  abating  insanitary  conditions  and  com- 
pleting  improvements  to  abate  such  conditions,  as 
ordered  as  aforesaid,  shall  constitute  a  distinct  and 
separate  offense. 


BUREAU  FOR  THE  PREVENTION  OP 

TlliKKcrLOSLS. 
1.        The    pOWera   and    duties   ot"    the    state   hoard 
Of  health   in   the  study  and   prevention  of  tuberculosis 

shall  be  co-extensive  frith  the  State,  and  the  objects  of 
its  bureau  of  tuberculosis  shall  be  as  follows: 

a.  Tlie  study  of  this  disease  in  all  its  forms  and 
relations,  and  to  secure  and  disseminate  information 
with  reference  to  tuberculosis,  to  promote  and  carry 
on  a  campaign  of  education  with  reference  thereto, 
and  in  general,  to  purine  any  other  activities  with 

enee  to  informing  the  public  as  to  the  nature  of 
tuberculosis,  its  dangers  and  the  means  whereby  its 
Bpread  may  be  prevented. 

b.  Investigation  of  the  prevalence  Of  tuberculosis 

iii  Kentucky,  and  the  collecting  and  publishing  of  use- 
ful information. 

c.  Securing  of  proper  legislation  for  the  relief 
and    prevention   of  tuberculofl 

d.  Co-operation  with  the  public  authorities,  state 
and  local  boards  of  health,  the  National  Association 
for  the  study  and  Prevention  of  Tuberculosis,  medical 
societies,  and  other  organizations  in  approved  measures 

adopted  for  the  prevention  of  the  diset 


Power*   and 

duties  of 
board. 


Co-operation 
with  other 
organiza- 
tions. 


56 


HEALTH  LAWS  OF  KENTUCKY 


Local  as- 
sociations. 


Full  au- 
thority 
given. 


e.  To  encourage  the  establishment  throughout 
Kentucky  of  local  associations  for  the  purpose  of  un- 
dertaking in  their  particular  localities  the  work  pro- 
posed to  be  carried  on  by  this  board. 

f.  Encouragement  of  adequate  provision  for 
consumptives  by  the  establishment  of  sanatoria,  hos- 
pitals and  dispensaries. 

(2.)  And  the3r  shall  have  full  power  and  au- 
thority to  carry  out  and  execute  all  of  the  foregoing 
purposes,  and,  in  addition  thereto,  it  shall  be  the  duty 
of  the  board  to  recommend  to  the  proper  authorities 
suitable  persons  for  appointment  by  it  as  members 
of  the  boards  of  trustees  of  any  sanatoria  that  may 
be  established  under  the  provisions  of  this  act,  and  it 
shall  further  be  their  duty  to  visit  at  such  periods  as 
in  their  discretion  may  be  sufficient,  any  sanatoria 
that  may  be  established  under  the  provisions  of  this 
act,  and  to  recommend  to  the  boards  of  trustees  of 
such  sanatoria  any  changes  in  management  or  in  the 
employes  that  they  may  deem  necessary  and  proper, 
and  it  shall  be  their  duty,  if  in  the  opinion  of  such 
board  any  board  of  trustees  or  members  of  such  board 
or  employes  of  any  sanatoria,  state  or  county,  are  in- 
competent or  neglectful  of  duty  to  prefer  charges 
against  such  board  or  such  member  of  such  board  or 
such  employes.  All  charges  against  a  board  of  trustees 
or  a  member  thereof  shall  be  made  to  the  officer  author- 
ized to  make  such  appointment,  and,  if  he  deem  such 
charges  adequate  and  sustained,  it  shall  be  his  duty 
to  remove  such  board  or  such  member  thereof,  and  all 
charges  against  employes  shall  be  made  to  the  board 
by  whom  employed,  and,  if  in  the  opinion  of  said  board 
such  charges  are  adequate  and  sustained,  such  board 
shall  at  once  remove  such  employe  or  employes. 

It  shall  be  the  duty  of  the  head  of  the  bureau  to 
visit  all  sanatoria,  both  public  and  privately  incorpo- 
rated, at  least  once  during  each  calendar  year  and  to 
report  and  file  with  their  records  a  statement  of  the 
condition  and  efficiencv  of  each  sanatorium. 


HEALTH  LAWS  OF  KENTUCKY 


57 


(3.)  That  sanatoria  for  the  treament  of  tuber- 
culosis may  be  erected  and  maintained  in  and  by  dis- 
tricts in  this  Commonwealth  in  the  following  manner: 
A  district  for  the  erection  and  maintenance  of  a  tuber- 
culosis sanatorium  may  consist  of  one  or  more  coun- 
The  fiscal  court  of  any  county  may  by  resolution 
declare  that  Mich  count y  shall  be  a  district  for  the 
erection  and  maintenance  of  a  sanatorium  for  the 
treatment  of  tuberculosis,  and  said  fiscal  court,  upon 
such  resolution  being  passed,  shall  immediately  take 
to  provide  for  the  construction,  equipment  and 
maintenance  .,f  such  sanatorium.  The  fiscal  courts  of 
two  or  more  counties  may  by  resolution  duly  passed 

tch  court,  unite  said  counties  into  a  district  for 
the  purpose  of  establishing  t  lie  re  in  a  sanatorium  for 
the  treat  in.  nt  of  tuberculosis.  Upon  the  passage  of  said 
ition,  each  court  shall  immediately  take  steps  to 
provide  for  the  construction,  equipment  and  mainte- 
nance of  said  sanatorium,  as  is  provided  in  this  act. 
l        If  the  fiscal  court  of  any  county  or  conn- 

ihall  fail  or  refuse  to  establish  s  tuberculosis  san 
atorium  district,  as  herein  authorized,  the  citizens  of 
any  county  or  of  two  or  more  counties  may  have  such 
COUnty  Or  counties  established  as  a  tuberculosis  sana- 
atorium  district,  as  herein  authorized,  in  the 
following  manner:  A  number  equivalent  to  ten 
per  cent-  of  the  votes  cast  at  the  last  gen- 
eral election  of  such  county  may  file  their  petition  with 

tounty  jn  such  county  asking  that  the  pro- 

itablishing   such    county   as   a    district  for 

ion    of   a    sanatorium    for    the    treatment    of 

tuberculosis  be  submitted  to  the  rotors  of  said  county 

at  tlie  next  general  election  which  shall  be  held  in 
said  county,  provided  thai  such  general  election  does 
not  occur  within  less  than  thirty  days  after  the  filing" 
of  said  petition.   Bach  voter  signing  said  petition  shall 

state  his  full  name  and  address.  Upon  the  filing  of 
said  petition  with  the  county  judjre  he  shall  enter  an 
order  directing  the  publication  in   full  of  such  petition 


Sanatoria, 
hospitals 
and  dis- 
pensaries. 


Authority 
and   duti.s 
as   to  ap- 
Ix.intment 
of   em- 
ployes     and 
of     manage- 
ment. 

To  visit,    in- 
spect and 
file  reports 
of  sana- 
toria. 


58 


HEALTH  LAWS  OF  KENTUCKY 


Provision 
for  refer- 
endum. 


Santoria. 
How    estab- 
lished and 
maintained. 


in  the  newspaper  having  the  largest  circulation  in 
said  county  at  least  once  a  week  for  four  consecutive 
weeks  next  preceding  such  general  election,  and  shall 
further  enter  an  order  directing  the  clerk  of  the  county 
court  to  have  placed  upon  the  ballot  at  such  election 
the  question,  "Are  you  in  favor  of  establishing  a  tuber- 
culosis sanatorium  district?"  with  underneath  the 
words,  "Yes,"  followed  by  a  square,  and  "No,"  fol- 
lowed by  a  square  for  the  placing  of  the  stencil  of  the 
voter.  If  a  majority  of  those  voting  on  the  proposi- 
tion to  establish  such  sanatorium  district  vote  "Yes," 
then  said  district  shall  be  established.  If  the  contrary, 
then  it  shall  not.  The  vote  on  such  question  shall  be 
canvassed  and  returned  by  the  board  of  election  com- 
missioners for  such  general  election,  and  such  elec- 
tion may  be  contested  as  provided  by  law  for  other 
contested  elections,  by  a  petition  filed  in  the  circuit 
court  of  such  county  by  one  or  more  qualified  voters 
of  said  county  who  voted  "Yes"  or  "No"  as  the  con- 
test may  be  had,  and  to  which  the  members  of  the 
fiscal  court  of  the  county  shall  be  made  defendants, 
together  with  such  other  qualified  voters  as  may  have 
voted  contrary  to  the  contestants  and  desire  to  be 
made  parties  to  the  contest. 

"Where  the  citizens  of  two  or  more  counties  desire 
to  have  such  counties  established  into  a  district  for  the 
erection  of  such  sanatorium,  not  less  than  a  number 
equivalent  to  ten  per  cent,  of  the  votes  cast  at  the 
last  general  election  of  each  county  shall  file  a  peti- 
tion in  the  county  of  their  residence  asking  that  such 
district  be  established  and  naming  the  several  coun- 
ties to  be  united  in  the  district.  Such  petition  shall 
be  filed  in  each  county  of  the  proposed  district  and 
the  method  of  proceeding  in  each  shall  be  the  same  as 
hereinbefore  provided  for  one  county,  except  that 
the  same  proceeding  shall  be  taken  in  each  county 
for  the  general  election  to  be  held  at  the  same  time  in 
each  county.  If  any  one  county  in  the  proposed  dis- 
trict shall  fail  to  vote  "Yes"  on  the  proposition,  then 


HEALTH  LAWS  OF  KENTUCKY  59 

said  district  cannot  be  established  unless  by  a  con- 
test of  the  election  in  such  county  it  should  be  finally 
determined  that  such  county  had  voted  "Yes."  At 
the  time  of  filing  the  petition  or  petitions,  as  the  case 
may  be,  the  petitioners  shall  deposit  with  the  county 
judge  a  sufficient  sum  of  money  to  pay  the  cost  of 
advertising  hereinbefore   required. 

(5.)     The  result  of  any  county  or  district  election    Authority  of 
shall  be  certified  to  the  fiscal  court  of  such  county  or   courts, 
to   the  fiscal   COlirl    of  each   of   the   counties  composing 

said  district  to  he  established,  and  said  fiscal  court  or 
courts  shall,  if  the  result  of  said  election  be  certi- 
fied to  it  or  them  as  in  favor  of  the  establishment  of 
Mich  district,  forthwith  proceed  to  declare  such  county 
or  counties  a  district  for  the  establishment  of  a  sana- 
torium for  the  treatment  of  tuberculosis  and  shall  pro- 
i  to  put  same  into  effect  in  the  same  manner  as  a 
fiscal  court  or  courts  are  authorized  to  do  upon  their 
own    initiative   as   provided    in   this   act,   and  the  cost 

and  expenses  of  erection  and  maintenance  shall  fall  in 

all  manners  the  muh.'  as  provided  in  this  act. 

(6.)     Where  a  county  or  counties  desire   to  join    How  Papu- 
an    already    established     tuberculosis    sanatorium    (lis-     be  ^Mainert 
triet  they  can  do  so  hy  proceeding  as  follow  courtj  fail* 

The   consent    of   the   district  board  of  trustees   of    act.™ 
the  already   established   district  shall  be  secured.    Ap-    may  belled. 
plication   for  such  consent  shall  he  made  by  the  fiscal 
court   of  saeh   county  desiring  to  join,  provided  that 
such   fiscal  COUrt   shall   have  already  declared  by  reso 
lution   that    said   county   shall    be   a    t uherculosis   sana- 
torium district,  or  a  part  of  such  a  district  ;  hut  in  the 
event  that  a  county  shall  have  become  a  t uherculosis 
sanatorium  district  <>r  part  of  a  district  hy  action  of 
the  roten  thereof,  the  application  shall  be  made  by 
the  board   of  trustees  of  the  district  embracing  the 
county  desiring  to  join  ;  ami  in  the  event  that  a  county 
shall  not    have  become  a  district,  or  part  of  a  district, 
the  application  shall  be  made  by  a  petition  signed  by 
not   less  than  twenty  qualified  voters  of  the  county. 


60  HEALTH  LAWS  OF  KENTUCKY 

SSS.U™  "When  it  is  necessarv  to  take  a  vote  to  declare 

How  con- 
ducted. anv  county  a  tuberculosis  sanatorium  district  to  en- 
able it  to  join  an  already  established  sanatorium  dis- 
trict the  ballot  shall  read  as  follows:  "Are  you  in 
favor  of  declaring  this  county  a  tuberculosis  sana- 
torium district,  for  the  purpose  of  joining  the  already 

established  tuberculosis  sanatorium  district  of  

county  (or  counties),"  and  the 

result  of  the  election  shall  be  certified  to  the  fiscal  court 
of  the  county  wherein  the  election  was  held,  and  if 
the  result  is  favorable  to  the  proposition  submitted, 
the  said  fiscal  court  shall  immediately  declare  such 
county  a  portion  of  the  already  established  tuberculosis 
district  and  certify  its  action  to  the  State  Board  of 
Health,  whereupon  said  board  of  health  shall  deter- 
mine the  number  of  trustees  to  compose  the  board  of 
said  district,  and  the  representation  to  be  accorded 
each  county  on  said  board,  according  to  the  provisions 
hereinafter  set  forth. 
How  two  or  (7.)     Upon  the  creation  of  a  tuberculosis  district, 

more  coun- 
ties may  be   the  fiscal  court  of  the  county  or  the  fiscal  courts  of 

combined. 

Result  of       the  several  counties,  where  there  are  several  counties 

election. 

He°dW  certi"  H1  sucn  district,  shall  at  once  notify  the  state  board 
of  health  of  the  establishment  of  such  district,  and, 
thereupon,  it  shall  be  the  duty  of  the  said  board  of 
health  to  recommend  to  the  county  judge,  or  if  more 
than  one  county,  to  the  county  judge  of  each  county, 
the  appointment  of  suitable  persons  for  such  district 
board  of  trustees.  In  a  district  of  one  county  the 
county  judge  shall  appoint  as  members  of  the  district 
board  of  trustees  seven  persons,  men  and  women,  at 
least  one  of  whom  shall  be  a  registered  physician. 

Where  the  district  consists  of  several  counties, 
the  district  board  of  trustees  shall  consist  of  not  less 
than  two  nor  more  than  four  persons  from  each  county ; 
provided,  however,  that  no  board  shall  consist  of  less 
than  seven  persons.  Where  any  county  in  such  district 
shall  have  a  population  in  excess  of  20,000,  such  county 
shall  be  allowed  a  trustee  for  each  10,000  in  excess 


HEALTH  LAWS  OF  KENTUCKY  61 

of  said  20,000  population,  subject,  however,  to  the 
limitation  hereinbefore  set  down.  Said  trustees  shall 
consist  of  men  and  women  and  at  least  one  shall  be  a 
registered   physician. 

The  state  board  of  health  in  recommending  names 
ti>  the  county  judge  or  county  judges  for  such  appoint- 
ments shall  recommend  twice  as  many  names  for  each 
county  as  the  enmity  shall  be  entitled  to  have  trustees 
appointed,  out  of  which  names  the  county  judge  of 
each  county  shall  immediately  make  his  selection  for 
that    county. 

Where  a  county  or  counties  shall  have  joined  an    how  county 
already  established  district  the  state  board  of  health   "aSatbria ai- 
shall    then    recommend   to   the   county   judge   of  each    uSied.68 
county  included  in  the  new  district  double  the  number 
of  names  of  persona  eligible  to  the  district  board  as 
there  are  tr  o  be  appointed  by  such  judge  and 

from  such  list  the  county  judge  shall  select  the  trus- 
tor his  county.    The  trustees  chosen  shall,  with 
litional  members  as  are  hereinafter  provided  Tor  in 

the  district  contains  a  city  or  cities  of  the  second 
Class,  Constitute  the  district  hoard,  which  shall  con- 
trol and  manage  the  sanatorium  therein.  The  quali- 
fication^. Length  of  terms  and  other  details  shall  be 
as  provided  in  other  sections  of  this  act.  The  terms  of 
the  trustees  of  the  counties  composing  the  previously 
•inLr  district  shall  expire  immediately  upon  the 
organization  of  the  new  board. 

(7a.)     Provided,    however,    that    in    any    tuher-    Con»«nt  a* 
miosis  district  containing  i  city  of  the  second  class    be  obtained. 
two  persons  shall  be  appointed  trustees  on  the  tuber 
eulosifl  district  board  by  the  mayor  of  that  city  and 
that   in  a  tuberculosis  district  containing  cities  of  the 
second  class  one  person  shall  be  appointed  trustee  on 

tuberculosis  district  board  by  the  mayor  of  each 
city,  and  provided,  further,  that  each  mayor  shall  ap- 
point the  trustee  or  trustees  from  a  list  submitted  by 
the  .ml  of  Health  and  containing  the  names  of 

twice  as  many  pera  rach  mayor  shall  appoint. 


62  HEALTH  LAWS  OF  KENTUCKY 

The  number  of  trustees  appointed  by  mayor  or  mayors 
shall  be  in  addition  to  the   number  allotted  for  ap- 
pointment by  the  county  judge  in  any  county  contain- 
ing a  city  or  cities  of  the  second  class. 
?anato?fafor  (8-)     For  tfte  purpose   of  this  act  such  district 

board  of  trustees  and  their  successors  in  office  shall 
be  a  body  corporate  under  the  name  and  style  of  dis- 
trict board  of  tuberculosis    sanatorium    trustees    for 

county  or  

counties,  as  the  case  may  be,  and  they  shall  have  all 
the  powers  necessary  to  carry  into  effect  the  purpose 
of  this  section  of  this  act.  Said  trustees,  as  soon  as 
possible  after  their  appointment  and  qualification,  shall 
adopt  a  seal,  organize  by  electing  a  president  and  a 
secretary  and  a  treasurer  to  serve  for  two  years  and 
until  their  successors  are  elected  and  qualified,  but 
the  same  person  may  be  elected  to  serve  both  as  secre- 
tary and  treasurer  and  need  not  be  a  member  of  the 
board  of  trustees,  and  said  treasurer  shall  give  bond 
to  the  people  of  the  State  of  Kentucky  for  the  faith- 
ful performance  of  his  duties  and  for  the  proper 
handling  of  all  of  the  properties,  assets  and  moneys  of 
the  institution  that  may  come  into  his  hands  at  any 
time  in  such  sum  and  in  such  form  and  with  such 
sureties  as  said  district  board  of  trustees  shall  ap- 
prove. Said  treasurer  may  at  any  time  be  removed 
and  a  successor  appointed  by  said  district  board  of 
"Irustees  in  its  discretion.  A  majority  of  said  district 
board  of  trustees  shall  constitute  a  quorum. 
Trustees    to  (9.)     When  a  tuberculosis  district  shall  have  been 

mates  for       created  or  enlarged  bv  anv  of  the  methods  herein- 

maintenance       .,  .  .,     _  _       ,  _.       .  -. "  . 

ofjsana-  above  provided,  and  when  the  district  board  of  trus- 
tees shall  have  been  appointed  and  qualified  as  here- 
in above  provided  said  district  board  of  trustees  shall 
annually  estimate  and  lay  before  the  fiscal  court  of 
each  county  in  said  district,  the  needs  of  such  district 
for  the  site,  erection  and  maintenance  of  a  tuberculosis 
sanatorium  equitably  determining  as  hereinafter  pro- 
vided the  amount  to  be  paid  by  each  county,  and  the 


tona. 


HEALTH  LAWS  OF  KENTUCKY  63 

fiscal  court  of  each  county  shall,  at  the  next  succeeding 
tax  levy  of  said  county,  levy  a  tax  in  accordance  with 
the  estimate  of  the  district  board  for  such  purposes, 
of  not  less  than  two  cents  and  not  more  than  eight 
cents  on  each  one  hundred  dollars  of  assessed  valua- 
tion of  property  in  the  county,  and  the  sheriff  shall 
then  collect  this  tax  as  other  state  and  county  taxes 
are  collected.  The  cost  of  site,  initial  construction  and 
equipment  may  be  covered  in  the  first  year's  levy  and 
vai,!  cost  shall  be  covered  in  not  exceeding  three  year's 
levy.  After  the  cost  of  initial  construction  and  equip- 
ment'has  been  provided  for  by  the  tax  levy  as  afore- 
said, the  said  district  board  of  trustees  shall  annually 
and  lay  before  the  fiscal  court  of  each  county 
in  said  district  the  needs  of  such  district  for  future 
construction  and  maintenance  of  said  sanatorium,  and 
the  fiscal  court  of  each  county  shall  in  accordance 
with  the  request  of  the  district  board  levy  a  tax  for 
such  purpose  of  not  less  than  two  cents  and  not  more 
than  eight  cents  on  each  one  hundred  dollars  of  as- 
ied  valuation  of  property  in  the  (Bounty,  and  the 
; -iti"  shall  collect  this  tax  as  other  state  and  county 

••    collected. 

Where  two  or  more  counties  unite  to  form  such  How  taxes 
district,  the  first  cost  of  construction  of  the  sanatorium  and  Pol- 
and equipment,  and  the  cost  of  all  betterments  and 
additions  thereto,  lhal]  be  paid  by  the  counties  compos- 
ing: ili«'  district,  in  proportion  to  the  taxable  prop- 
erty of  each  county,  ,-is  shown  by  their  respective 
count 

Whei  mty  or  counties  shall  join  such  a  dis- 

trict subsequent  to  its  establishment,  there  shall  be 
paid  into  the  treasury  of  the  district  by  each  of  said 
counties  joining  a  sum  to  be  determined  as  follows, 

vi/.:   The   first    BOSt    of  const  ruct  ion   of   the   sanatorium 

and  equipment  and  the  cost  of  all  betterments  and 

additions  thereto  to  the  date  of  such  joining  shall  be 
apportioned  among  all  the  counties  which  shall  com- 
mon district,  after  the  admission  of  the  county  or 


leoti  <:. 


64 


HEALTH  LAWS  OF  KENTUCKY 


Annual  ex- 
pense of 
operating: 
sanatoria. 


counties  joining,  according  to  the  taxable  property 
of  each  county,  as  shown  by  their  respective  county  as- 
sessments ;  and  the  amount  so  apportioned  to  each 
county  joining  shall  be  the  sum  payable  by  it.  Said 
sum  when  paid  into  the  treasury  of  the  district  board 
of  trustees  shall  be  used  by  it  for  the  purpose  of 
procuring  and  furnishing  such  additional  grounds, 
buildings  and  other  equipment  as  may  be  proper  and 
necessary,  so  as  to  provide  reasonably  and  equitably 
for  the  care  of  patients  from  all  the  counties  of  the 
district.  s 

The  annual  expense  of  maintaining  the  sanatorium, 
to  which  shall  be  added  necessary  transportation  ex- 
penses of  free  patients  admitted,  shall  be  apportioned 
by  the  district  board  of  trustees,  borne  to  the  coun- 
ties composing  the  district  in  such  proportion  as  said 
district  board  may  determine  to  be  reasonable  and 
equitable  in  relation  to  the  taxable  property  of  each 
county. 

Fiscal  The  fiscal  court  or  courts  of  the  county  or  coun- 

makeSappor-  t*es  composing  such  district  shall  from  time  to  time 
as  the  taxes  levied  for  the  purposes  of  said  sanatorium 
are  collected,  appropriate  same  to  the  use  of  such 
sanatorium  and  shall  direct  the  county  treasurer  to 
pay  the  amount  of  such  appropriation  to  the  secre- 
tary of  said  sanatorium,  and  to  take  the  receipt  of 
said  secretary,  countersigned  by  the  president  of  said 
sanatorium  as  his  voucher  therefor. 

Provided,  however,  that  in  a  district  wherein 
there  is  a  county  or  counties  containing  a  city  or  cities 
of  the  second  class  the  district  board  of  trustees  shall 
annually  estimate  and,  prior  to  December  thirty-first, 
lay  before  the  general  council  or  board  of  commis- 
sioners of  such  city  or  cities  the  need  of  such  district 
for  the  site,  erection  and  maintenance,  or  for  improve- 
ments, additions  and  maintenance,  or  for  the  main- 
tenance of  the  tuberculosis  sanatorium  for  the  next 
succeeding  year. 


HEALTH  LAWS  OF  KENTUCKY  65 

Iii  order  to  raise  Bueh  portion  of  this  money  as  ^JltSria. 
tlie  board  holds  to  be  the  equitable  proportion  for  the 
city  or  cities  for  the  purpose  or  purposes  above  set 
out,  such  general  council  or  board  of  commissioners 
Bhall  at  the  next  succeeding  levy  cause  to  be  levied  and 
collected  a  tax  of  not  less  than  two  cents  and  not 
more  than  eight  cents  on  each  one  hundred  dollars  6f 
property  assessed  tor  taxation  for  city  purposes,  and 
Baid  levy  shall  be  included  in  the  annual  appropriation 
ordinance  for  that  year.  And  where  sueh  portion  is 
asked  oi  a  city  <>r  cities  the  district  board  shall  ask 
of  the  county  or  counties  of  the  district  only  sueh  por- 
tion of  the  total  -mil  estimated  to  be  accessary  for  the 
santbrium  district  as  the  district   board  holds  to  be 

the  equitable  proportion   for  Mich  county  or  counties. 

I.)      When    a    tuberculosis    district     shall    have 
l.ccu    established   by   any    county    or   counties,   and    an 

appropriation  shall  have  been  made,  or  a  tax  levied 

the   construe;  ion    of  a   sanatorium,    the    board    of 
trusl  i    district    shall    select    a    site   for   said 

sanatorium,  bu^  be  finally  selected, 

and  adopted,  tfa  shall  be  approved  by  the  state 

:-tl    of    health.      The  M    district 

board  Of  6rU  -ill   be  to   sueh   part   of  the  district 

i  their  Judgn  lapted  to  the  wants 

of  the  institution  and  most  economical  to  the  district, 

Srd   being  had    in   tin-   selection   to    -  supply, 

due  tcility  of  access,  with  a  qualit  >il  suit- 

able for  tanning  purposes,  and  price  asked  for  the 
land.  All  plans  and  specifications  for  the  erection  of 
such  sanatorium  shall  be  submitted  to  the  state  boftrd 

'i.-alth  for  it>  approval,  and.  if  approved  by  it. 
such  districl  board  of  trustees  shall  be  authorized  to 
proceed  at  once  with  the  erection  of  same.  i£  not  ap- 
proved by  the  state  board  of  health,  then  said  board 
shall  make  sueli  recommendations  as  to  it  may  seem 

•.  ami  if  sueh  recommendations  are  accepted  by  the 

board  of  ITU  :'  the  district,  then   it   shall  proceed 

with  the  erection  of  ;i  sanatorium  in  accordance  with 
the  recommendations  of  the  state  board  of  health. 

If.  L,  —3 


66 


HEALTH  LAWS  OF  KENTUCKY 


Clinics  and 
dispensa- 
ries. 


Trustees  to 
have  author- 
ity to  bor- 
row   money. 


(11.)  Said  board  of  trustees,  as  heretofore  created, 
shall  have  the  general  control  of  the  property  and  af- 
fairs of  the  sanatorium  and  shall  take  such  action  as 
shall  be  necessary  to  carry  out  the  purposes  of  this 
act. 

Said  board  shall  also  have  power,  in  connection 
with  said  sanatorium  or  as  part  thereof,  to  provide  for, 
establish,  operate  and  maintain  clinics,  dispensaries, 
day  camps,  summer  camps,  visiting  nurses,  to  promote 
and  carry  on  campaigns  of  education,  and  to  use  such 
other  suitable  and  adequate  means  and  methods  as 
may  seem  necessary  and  proper  for  the  treatment,  re- 
lief and  prevention  of  tuberculosis;  and  said  board 
may  use  the  property,  equipment  and  supplies  of  the 
sanatorium  for  said  purposes,  or  may  co-operate  with 
anti-tuberculosis  leagues,  medical  societies  and  organ- 
izations which  are  engaged  in  carrying  on  such  work. 

(12.)  The  district  board  of  trustees  shall  have 
power  to  borrow  money  on  the  credit  of  the  board  in 
anticipation  of  the  revenue  to  be  collected  from  the 
county  and  city  taxes  levied  for  the  tuberculosis  sana- 
torium district,  for  the  fiscal  half  year  in  which  the 
same  is  borrowed,  and  to  pledge  said  taxes  levied  for 
the  tuberculosis  sanatorium  district  for  the  payment 
of  the  principal  and  interest  of  said  loan:  provided 
that  the  interest  paid  shall  in  no  case  exceed  six  per 
cent,  per  annum  and  the  principal  shall  in  no  case  ex- 
ced  fifty  per  cent,  of  the  anticipated  revenue  for  the 
fiscal  half  year  in  which  the  same  is  borrowed. 

The  members  of  the  board  of  trustees  shall  receive 
no  compensation  for  their  services,  but  they  shall  be 
reimbursed  for  their  actual  expenses  necessarily  in- 
curred in  the  performance  of  their  duties,  upon  vouch- 
ers duly-approved  by  the  board  of  trustees,  signed  by 
the  secretary  and  countersigned  by  the  president 
thereof. 

The  district  board  of  trustees  shall  appoint  a  med- 
ical superintendent  of  the  sanatorium  who  shall  not  be 
a  member  of  said  board,  who  shall  be  a  legally  qualified 


HEALTH  LAWS  OF  KENTUCKY  67 

physician  hi  good  standing ;  either  man  or  woman.  The 
superintendent  shall  be  a  graduate  in  medicine  and 
surgery  from  a  medical  college  approved  by  the  state 
board  of  health  and  of  acknowledged  skill  in  his  pro- 
fession, and  must  have  had  special  training  and  ex- 
perience in  a  hospital  or  sanatorium  for  tuberculosis. 
The  superintendent  shall,  in  all  matters  pertaining  to 
the  sanatorium,  be  under  the  general  supervision  of  the 
board  of  trustees,  and  may  be  removed  by  such  board 
at  any  time  for  cause  upon  written  charges  preferred 
and  after  an  opportunity  to  appear  and  make  defense. 
The  board  shall  also  have  power  to  appoint  a  successor 
to  the  superintendent,  and  may  for  good  cause  employ 
some  one  to  act  temporarily  as  medical  superintendent 
of  the  sanatorium  who  is  not  possessed  of  all  the  above 
mentioned  qualifications,  provided  that  such  temporary 
employment  shall  be  for  a  term  not  exceeding  twelve 
months,  and  provided  further  that  such  employe  shall 
at  no  time  be  a  member  of  said  board. 

The  medical  superintendent  shall  be  the  chief  ex- 
ecutive officer  of  the  sanatorium.  He  shall  have  the 
general  superintendence  of  the  buildings,  grounds, 
furniture  fixtures,  stock  and  the  direction  and  con- 
trol of  all  persons  therein,  subject  to  the  by-laws  and 
regulations  prescribed  by  the  district  board  of  trus- 
tees. He  or  his  representative  shall  daily  ascertain  the 
condition  of  each  and  all  the  patients  and  prescribe 
or  direct  their  treatment.  He  shall  cause  full  and  fair 
records  of  all  his  official  acts  and  the  entire  business 
and  operation  of  the  sanatorium  to  be  kept  regularly 
from  day  to  day,  in  the  manner  and  to  the  extent  pre- 
bed  by  the  by-laws;  and  he  shall  see  that  all  the 
accounts  and  records  are  fully  made  up,  and  present 
the  same  to  the  board  of  trustees  at  their  annual  meet- 
ing. It  shall  be  the  duty  of  the  medical  superintendent 
to  admit  any  member  of  the  board  of  trustees,  or  any 
member  or  officer  of  the  state  board  of  health,  at  any 
time  into  every  part  of  the  sanatorium,  and  to  exhibit 
to  him,  or  them,  on  demand,  all  books,  papers,  ac- 


68  HEALTH  LAWS  OF  KENTUCKY 

counts  and  writings  belonging  to  the  sanatorium,  or 
pertaining  to  its  business  management,  discipline,  or 
government.  He  shall  make  at  the  time  of  reception 
of  patients  a  record  of  the  date  of  same,  name,  age, 
residence,  occupation,  and  such  other  statistics  in  re- 
gard to  every  patient  admitted  to  the  sanatorium  as  the 
by-laws  may  require.  The  medical  superintendent  shall 
have  power  to  appoint,  with  the  advice  and  consent  of 
the  board  of  trustees,  whenever  in  their  discretion  it 
seems  necessary,  an  assistant  physician  or  physicians, 
each  of  whom  shall  be  a  legally  qualified  physician,  a 
graduate  in  medicine  and  surgery  from  some  med- 
ical college  recognized  as  in  good  standing  by  the 
state  board  of  health  and  of  acknowledged  skill  in 
the  medical  profession.  The  medical  superintendent 
shall  also  have  power  to  remove  such  assistant  phy- 
sician or  physicians,  with  the  consent  of  the  board  of 
trustees.  The  medical  superintendent  shall  have  the 
power  and  authority  to  employ  any  servant  or  em- 
ployee at  the  sanatorium,  all  of  whom  shall  be  under 
his  direct  supervision,  and  any  of  whom  may  be  re- 
moved by  him  at  will.  All  moneys  collected  by  the 
medical  superintendent  shall  .be  immediately  paid 
over  by  him  to  the  treasurer  of  the  sanatorium,  and  his 
receipt  be  taken  therefor.  No  personal  fees,  charges 
or  pecuniary  compensation  of  any  kind  shall  be  col- 
lected by  the  medical  superintendent  or  any  employee 
of  said  sanatorium,  for  services  rendered  to  a  patient 
while  a  patient  in  said  sanatorium. 

(13.)  No  member  of  the  board  of  trustees  of 
said  sanatorium,  and  no  employee  thereof,  shall  be 
interested  directly  or  indirectly  in  any  contract,  or 
receive  any  benefit  directly  or  indirectly  from  any 
contract  made  with  said  sanatorium. 

(14.)  The  treasurer  shall  have  the  custody  of 
all  moneys,  bonds,  notes,  mortgages  and  other  secur- 
ities and  obligations  belonging  to  said  sanatorium, 
and  moneys  shall  be  disbursed  only  for  the  uses  and 
purposes  of  the  sanatorium  and  in  the  manner  pre- 


HEALTH  LAWS  OF  KENTUCKY  69 

scribed  by  the  by-laws  on  itemized  vouchers  allowed 
by  the  board  of  trustees,  and  signed  by  the  secretary 
and  countersigned  by  the  president.  He  shall  keep 
a  full  and  accurate  account  of  all  receipts  and  pay- 
ments in  the  manner  directed  in  the  by-laws,  and  such 
other  accounts  as  the  board  of  trustees  shall  pre- 
scribe; he  shall  render  statements  of  accounts  of  the 
several  books,  and  of  the  funds  and  other  property 
in  his  custody  whenever  required  so  to  do  by  the 
board  of  trustees.  He  shall  have  all  accounts  and  rec- 
ords fully  made  up  to  the  last  day  preceding  the  an- 
nual meeting,  and  present  the  same  to  the  board  of 
trustees  at  its  annual  meeting. 

(15.)  There  shall  be  a  thorough  visitation  of 
said  sanatorium  by  two  of  the  trustees  thereof  month- 
ly, and  by  the  whole  board  annually.  On  each  of  these 
occasions  a  written  report  of  the  state  of  the  institu- 
tion shall  he  submitted  to  them  by  the  superintendent 

lie  sanatorium.  On  a  day  to  be  fixed  by  the  by-laws 
of  the  board  of  trustees  of  each  district,  there  shall  be 
held  each  year  the  regular  annual  meeting  of  the  board, 
at  which   tl  intendent  of  the  sanatorium   and 

the  secretary  and  the  treasurer  thereof  shall  each  sub- 
mit a  report  of  the  affairs  of  the  sanatorium  in  such 
form  as  may  be  prescribed  by  the  State  Board  of 
Health,  ami  the  secretary  and  treasurer  shall  also  sub- 
mit a  statement  of  his  accounts,  and  the  reports  of  the 
superintendent,  secretary  and  treasurer,  and  the  lat- 
ter 's  statement  of  accounts  shall  be  transmitted  in 
duplicate  by  the  board,  with  their  annual  report  to 
the  state  board  of  health. 

(16.)  The  district  board  of  trustees  shall  have 
]>ow  itablisb  such  by-laws  as  it  may  deem  nec- 

essary and  expedient  from  time  to  time  for  defining  the 
duties  of  officers,  assistants  or  employees,  for  fixing 
the  conditions  of  admission  to  the  institution,  support 
and  discharge  of  patients,  and  for  conducting  in  a 
proper  manner   the    professional    and    business  affairs 

the  sanatorium,  and  also  to  ordain  and  enforce  a 


70  HEALTH  LAWS  OF  KENTUCKY 

suitable  system  of  rules  and  regulations  for  the  internal 
government,  discipline  and  management  of  the  sana- 
torium. 

(17.)  No  person  shall  be  received  into  said  sana- 
torium as  a  free  patient,  unless  said  person  shall  have 
been  a  resident  of  Kentucky  and  of  said  district  for 
at  least  twelve  months  next  preceding  such  person's 
application  for  admission  into  said  sanatorium,  and 
no  person  entitled  to  be  admitted  as  above  shall  be 
received  as  a  free  patient  in  said  sanatorium,  unless 
said  person  shall  file  with  his  or  her  application  for 
admission  into  said  sanatorium  a  certificate  of  the  coun- 
ty judge  of  the  county  of  which  such  person  is  a  resi- 
dent stating  that  from  evidence  submitted  to  said  coun- 
ty judge,  he  is  of  the  opinion  that  such  applicant  is  un- 
able to  pay  for  maintenance  in  said  sanatorium.  The 
board  of  trustees  of  said  sanatorium  shall  have  power 
to  provide  by  rule,  the  character  of  examination  to 
which  any  applicant  for  admission  into  said  sana- 
torium shall  submit  before  being  admitted  into  said 
sanatorium  for  the  purpose  of  ascertaining  whether  or 
not  such  applicant  is  suffering  from  tuberculosis.  No 
greater  number  of  persons  shall  be  admitted  to  said 
institution  than  can  be  properly  taken  care  of  and 
treated.  As  nearly  as  it  may  be  done,  each  county  of 
the  district  shall  have  the  right  to  have  admitted  its 
proper  and  proportionate  number  of  free  patients, 
who  are  unable  to  pay  their  maintenance  in  said  sana- 
torium. 

(17a.)  Where  patients  who  have  been,  or  may  be 
maintained  in  said  sanatorium,  have  or  shall  acquire 
estate  which  can  be  subjected  to  debt,  the  county  at- 
torney of  such  county  of  said  patient's  resident  is  au- 
thorized and  directed  in  every  such  case  to  sue  them  in 
the  name  of  said  sanatorium  and  recover  the  amount 
of  such  patient's  maintenance,  or  so  much  thereof  as 
such  estate  will  suffice  to  pay  for  the  time  such  patients 
shall  have  been  kept  and  maintained  therein,  and  not 
otherwise  paid  for,  and  by  proper  proceedings  sub- 


HEALTH  LAWS  OF  KENTUCKY  71 

ject  their  estates,  respectively,  for  the  payment  there- 
of; and  when  the  husband,  wife  or  parent  of  any  such 
patient,  who  has  been  or  may  be  supported  in  said 
sanatorium,  shall  have  estate  sufficient  for  the  sup- 
port of  such  patient,  in  addition  to  the  support  of  any 
other  persons  who  may  be  dependent  on  such  husband 
or  pa  i  like  manner  to  sue  and  recover  from  such 

husband  the  amount  of  his  wife's  maintenance,  from 
such  wife  the  amount  of  her  husband's  maintenance, 

m  such  parent  the  amount  of  his  or  her  child's 
mainten  the  rate  aforesaid  for  the  time  that 

they  shall  have  been  respectively  maintained  by  said 
sanatorium,  and  the  statute  of  limitations  providing 
tli«'  time  ill  which  actions  for  such  recovery  may  be 
instituted  shall  not  run  against  recovery  herein  pro- 
vided for  until  from  and  afl  8  at  which  said  es- 
Lequired.  Such  suit  shall  create  a  lis  pendens 
lien,  and  if  judgment  is  obtained,  such  judgment  shall 

stitate  a  lien  upon  so  much  of  the  patient's  estate 

ibed   in  the  i,  and  said  county  at- 

torney  shall  be  alio  fee  of  15  per  cent,  of  the 

unt   colli  rvices. 

(17b.)  If  at  any  time  the  accommodations  of  the 
sanatorium  will  permit  the  treatment  and  care  of 
patients  in  excess  of  the  indigent  patients  sent  by  the 
county  or  counties  of  the  district,  as  hereinbefore 
provided,  persoi  lents  of  this  State  whether  re- 

siding   inside  or  outside  of  said  district  may  be  re- 

irium  when  the  cost  of  trans- 
portation, support,  care  and  maintenance  is  paid  to 
the  sanatorium  bj  any  count}',  person,  public  health 
league,  or  any  other  agency  whatsoever,  and  when 
such  other  requirement  as  may  be  established  by  the 
rict  board  of  trustees  are  complied  with.  The 
iin:  to  be  charged  by  said  sanatorium  for  the  care 
and  maintenance  of  such  persons  shall  be  fixed  by  the 
disf  rd  of  tx  ore  such  persons  shall 

1"'    admitted    to    Said    sanatorium,    for   the    purpose   of 

ermining  whether  or  not  they  are  afflicted  with 


72  HEALTH  LAWS  OF  KENTUCKY 

tuberculosis,  they  shall  submit  to  such  an  examination 
as  the  district  board  of  trustees  may  by  rule  determine. 

(17c.)  The  fiscal  court  of  any  county,  in  lieu  of 
providing  for  the  erection  of  a  district  sanatorium  for 
tuberculosis,  may  contract  with  the  district  board  of 
trustees  of  any  other  district  where  such  sanatorium 
has  been  constructed  for  the  care  and  treatment  of  its 
residents  of  such  county  who  are  suffering  from  tuber- 
culosis, and  the  fiscal  court  of  the  county  in  which  such 
patients  reside  shall  pay  to  the  sanatorium  of  the  dis- 
trict receiving  such  patients  the  actual  cost  incurred 
in  their  care  and  treatment  and  other  necessaries,  and 
shall  also  pay  for  their  transportation,  and  shall  pay 
such  further  sum  to  such  sanatorium  as  the  board  of 
trustees  may  under  proper  rules  and  regulations  pro- 
vide. 

(17d.)  All  sanatoria  established  under  this  act 
shall  at  all  reasonable  times  keep  open  for  the  in- 
spection of  the  State  Inspector  and  Examiner,  all  of 
its  records  and  books  of  accounts. 

(17e.)  The  state  board  of  health  is  hereby  au- 
thorized to  make  such  rules  and  regulations  as  may 
be  necessary  to  enforce  any  of  the  provisions  of  this 
act,  such  rules  and  regulations  not  being  in  conflict 
with  the  powers  delegated  to  local  boards,  and  such 
rules  and  regulations  as  may  be  necessary  to  control 
the  action  of  local  boards  when  its  members  fail  or 
refuse  to  execute  the  provisions  of  this  act  as  herein 
provided. 

(18.)  That  it  being  the  intention  of  the  Gen- 
eral Assembly  in  enacting  this  law  to  enact  each  section 
of  this  act  separately,  if  any  section  or  any  proviso 
contained  in  any  section  of  it  shall  be  held  to  be  in- 
valid, such  fact  shall  not  affect  the  remaining  portion 
of  said  act  or  section,  it  being  the  intention  of  the 
legislature  to  enact  each  section  and  each  proviso 
therto  separately. 

(19.)  That  the  state  board  of  health  is  hereby 
authorized  in  its  co-operation  with  the  national,  State 


HEALTH  LAWS  OF  KENTUCKY 


73 


or  other  sanitary  or  philanthropic  organizations,  for 
the  preservation  and  protection  of  the  health  and  ef- 
ficiency  of  the  people  of  this  Commonwealth,  to  accept 
funds  from  the  National  Congress,  or  any  branch  of 
the  national  health  service,  including  the  army,  navy 
or  National  Red  Cross,  or  other  organizations  or  in- 
dividuals, upon  a  per  cent,  or  other  basis,  and  to  ex- 
pend the  same  to  increase  the  efficiency  of  the  health 
service  of  the  state,  or  of  any  county  in  the  state 
where  the  fiscal  court  or  other  public  or  private  organ- 
izations shall  provide  a  fund  upon  the  percentage  or 
other  basis  for  health  work  within  such  county;  pro- 
vided that  all  funds  reeeived  or  expended  under  this 
ii  shall  be  accounted  for  entirely  separate  from 
and  in  addition  to  the  appropriation  made  for  the 
use  of  the  board  in  this  act,  and  that  itemized  state- 
ments of  all  such  expenditures  shall  be  included  in 
the  reports  made  by  the  board  to  each  session  of  the 
mbly,  as  required  by  law  for  other  public 
expenditures. 


SMALLPOX    AND   VACCINATION. 
apter  119,  Kentucky  Statutes,  Vol.  2,  p.  2345. 

Sec.  4607  If  any  person  shall  wilfully  or  design- 
edly import  or  bring  the  smallpox  or  any  variolous 
or  infected  matter  of  said  disease  into  this  Common- 
wealth from  any  other  eoimtry  or  place  whatsoever, 
or  shall  cause  the  same  to  be  done,  he  shall  forfeit 
and  pay  the  sum  of  one  thousand  dollars. 

ec.  4608.  All  persons  of  the  age  of  twenty-one 
years  and  over,  who  have  not  been  vaccinated,  or,  if 
vaccinated,  not  successfully,  shall,  within  three  months 
after  this  revision  takes  effect,  procure  their  own  vac- 
eination  or  revaccinat  ion.  as  the  case  may  be. 

Sec.  4609.  All  parents,  guardians  and  other  per- 
sons having  the  care,  custody  or  control  of  any  child 
or  children,  or  who  may  have  in  their  employ  any 
minor  or  minors,  shall  have  the  same  vaccinated;  and 


Penalty  for 
importing 
into  State. 


Adults  to  be 
vaccinated. 


M  iiniis  and 
infants    to 
be  vacci- 
nator 


74  HEALTH  LAWS  OF  KENTUCKY 

every  parent,  guardian  and  person  that  may  have  the 
care,  custody  or  control  of  any  child  born  hereafter, 
shall  have  said  child  vaccinated  within  twelve  months 
after  its  birth,  or  after  it  comes  under  his  or  her  care, 
custody  or  control. 
ah   persons  gee.  4610.    All  persons  coming  into  this  State  to 

nated.  abide  or  become  citizens,  who  have  not  been  vaccinated, 

or  who  may  have  children  under  their  care  or  control 
that  have  not  been  vaccinated,  shall  procure  the  vac- 
cination of  themselves  and  said  children  within  six 
months  after  coming  into  the  State, 
city  council  Sec.  4611.     The  city  council  of  every  city,  and  the 

persons  to      board  of  trustees  of  every  town  in  the  State,  are  in- 
nated.  vested  with  full  power  and  authority  to  make  such 

ordinances,  rules  and  regulations,  with  fines  and 
penalties  attached,  as  will  secure  the  vaccination  of 
all  the  inhabitants  of  said  cities  and  towns,  and  to  pro- 
vide the  necessary  means  to  pay  for  the  vaccination  of 
all  paupers  and  destitute  persons  in  same, 
inmates  of  Sec.  4612.     The  superintendents  of  the  charitable 

instituitons     institutions  of  the  State  shall  have  the  inmates  of  said 
tiary  to  be     institutions  vaccinated.  The  keeper  of  the  penitentiary 
shall  have  all  the  convicts  in  same  vaccinated. 

KtCTtS1?!  Sec-  4613*    A11  vaccination  performed  under  this 

used.  article  shall  be  with  pure  vaccine  matter, 

county  Sec.  4614.     That  it  shall  be  the  duty  of  the  county 

appoin?ay  judge  of  the  county  court  of  each  county,  whenever, 

vaccinate.  °  in  his  opinion,  the  necessity  for  such  action  exists,  to 


Fees. 


call  his  court  together,  and  said  court  shall  have  power 
to  give  to  some  practicing  physician  or  physicians  of 
the  county  written  authority  to  vaccinate  all  persons 
in  the  county  who  are  unable  to  procure  vaccination. 
The  physicians  so  appointed  shall  furnish  to  the  judge 
of  said  court  a  true  list,  under  oath,  of  the  persons 
vaccinated  by  him,  with  the  charges  thereof,  which 
shall  not  exceed  twenty-five  cents  for  each  success- 
ful vaccination;  and  the  judge  shall  report  the  same 
to  the  court  of  claims  for  his  county,  and  the  court 


HEALTH  LAWS  OF  KENTUCKY 


71 


shall  order  the  charges  to  be  paid  out  of  the  county 
levy. 

Sec.  4615.     Every  person  superintending   a  hos- 
pital or  other  place  where  a  patient  having  smallpox 
is  confined,  shall  prohibit  all  intercourse  therewith  of 
ma  not  having  had  the  disease,  and  shall,  before 
discharging  a  patient  or  suffering  him  to  be  removed, 
take  due  care  that  his  person  is  thoroughly  cleansed, 
and  his  clothes,  such  as  have  not  been  infected  with 
isease,  under  the  penalty  of  ten  dollars. 
Sec.  4616.     If  any  person  who  has  never  had  small- 
hall  go  into  a  house  where  the  disease  is,  or  as- 
sociate with  a  person  who  is  afflicted  therewith,  any 
e  of  the  peace,  on  due  proof  of  the  fact,  may 
:i  to  be  conveyed  to  some  house  or 
place  in  I  re  the  disease  will  not  spread, 

tin  until  !1  have  gone  through  the 

r  until  a  pi,  .11  certify  that  he  will 

n  be  not  able  to  pay  the 
f  his  Quitting  the  county  shall  pay  the  same. 
Sec.  4617.     If  any  person  shall  wilfully  endeavor 
read  or  propagate  the  smallpox  he  shall  be  sub- 
ject to  be  indicted  and  fined  the  Bum  of  five  hoi 
be  imprisoned  for  six  months. 
Sec.   4618.     Any    person    who,    having    reason    at 

.1  with  '  ase  of 

smallpox,  shall   voluntarily   go   upon  any   public  high- 

•  any  place  at  which  people  are 

to  collect  or  assemble  or  who  shall  enter 

or  go  on  boa  steambo  oad  car  or  other 

public  &  ho  shall  knowing- 

to  offend,  shall  be  guilty  of 

mall  be  lined  not 

red  nor  more  than  one  thou       ; 


Fatlents 

ha\  ing: 
smallpox. 
Care    to   be 
taken  of. 


Persons    g-o- 
ing-  whero 
smallpox    Is 
may  be  con- 
fined. 


for 


Penalty 
wilfully 
spreading: 


Penalty    for 
persons 
having: 
smallpox  gro- 
in i:  in  public 
pl&OM* 


76 


HEALTH  LAWS  OF  KENTUCKY 


OFFENSES  AGAINST  THE  PUBLIC  HEALTH. 


Selling-  un- 
wholesome 
provisions. 


Adulterating 
food,  drink 
or  medicine. 


Adulterated 

milk. 

Selling. 


Weights  and 

samples  of 
milk  and 
cream. 


Chapter  36,  Subdivision  IV,  p.  730,  Kentucky  Statutes. 

Sec.  1272.  If  a  butcher  or  other  person  shall 
knowingly  sell  the  flesh  of  any  animal  dying  otherwise 
than  by  slaughter,  or  slaughtered  when  diseased,  or 
shall  sell  the'  flesh  as  of  one  animal  knowing  it  to  be 
that  of  another  species;  or  if  a  baker,  brewer,  dis- 
tiller, or  other  person,  knowingly  sells  unwholesome 
bread  or  drink,  he  shall  be  fined  not  less  than  one 
nor  more  than  fifty  dollars. 

Sec.  1273.  If  any  person  adulterate  for  the  pur- 
pose of  sale,  anything  intended  for  food  or  drink,  or 
any  drug  or  medicine,  with  any  substance  injurious 
to  the  health,  he  shall  be  confined  in  jail  not  more  than 
one  year,  or  fined  not  exceeding  five  hundred  dollars, 
or  both,  and  the  adulterated  articles,  by  order  of  the 
court,  shall  be  destroyed. 

Sec.  1274.  Whoever  shall  knowingly  sell  or  cause 
to  be  sold,  to  any  person  in  this  State,  milk  diluted 
with  water,  or  in  any  way  adulterated,  or  milk  from 
which  any  cream  has  been  taken,  or  sell  milk  com- 
monly known  as  " skimmed  milk,"  with  intent  to  de- 
fraud, or  shall  knowingly  sell  any  milk,  the  product 
of  a  diseased  animal,  or  from  animals  fed  upon  "still 
slop,"  "brewrer's  slop"  or  "brewer's  grains,"  or  shall 
knowingly  use  any  poisonous  or  deleterious  material 
or  milk  from  animals  diseased  or  fed  as  aforesaid,  in 
the  manufacture  of  butter  or  cheese,  shall  be  fined  in 
any  sum  not  less  than  twenty-five  nor  more  than  two 
hundred  dollars. 

Sec.  1905a-46.  That  it  shall  be  unlawful  for  any 
handler  of  milk  or  cream  or  other  person,  or  creamery, 
or  other  milk  plant  or  agent,  receiving  milk  or  cream 
by  weight  or  test,  to  fraudulently  manipulate  the 
weights  of  milk  or  cream  of  any  patron,  or  to  take 
unfair  samples  thereof,  or  to  fraudulently  manipulate 
such  samples.  The  hauler  shall  weigh  the  milk  or  cream 
of  each  patron  accurately  and  correctly  and  shall  re- 


HEALTH  LAWS  OF  KENTUCKY  77 

port  such  weights  accurately  and    correctly    to    the 
jtory.    He-  shall  thoroughly  mix  the  milk  or  cream 
of  each  patron  by  pouring  and  stirring  until  such  milk 
or  cream  is  uniform  and  homogeneous  in  richness,  be- 
the  sample  is  taken   from  such    milk    or    cream. 
When  the  weighing  or  sampling  of  the  milk  or  cream 
of  each  patron  is  don.'  at  the  creamery,  shipping  sta- 
tion or  Other  factory,  firm,  corporation  or  individual 
buying  and   paying  for  milk  or  cream  ou  the  basis 
the  butter  fat  contained  therein,  the  same  rule  shall 

>ly. 

'oa-47.     Every  person,  form,  company,  as-   Glassware 
trporation  rent   thereof,  buying  and    mine  and 

or  milk  or  cream  on  the  basis  of  amount  of  butter  fat. 
but'  contained   therein   as  determined   by   the 

I  Babcock  test  bottl 
id  accurate  scales,  as  defined 
in  section  IS  (Sections  l905a-67-1905a-59,  inclusive) 
of  this  act,  and  all  Bah  i,  pipettes  and 

d  for  accuracy  by  the 

[cultural  it    Station,    or  its 

I   shall  1"  i   indelibly  marked  by 

:        rimenl   station, 
•ndard 

bottle,  pipette  or  \ 

tnd 

ricultural    B  ml 

lawful  i'  .    firm, 

their 
•:•  than  I   'est  bottles, 

(1    and 

.  to  determine  the 
and  paid 

for  on  the  b 

C.  1905a-48.     Tt   shall  be  unlawful   for  any  per-    Unlawful 
firm  or  corporation  by  himself  or  as  the  officer, 
;  or  em]  person,  firm  or  cor- 

poration, buying  for  milk  or  cream  on  the 

inl  of  IV  therein,  to  under 


teat*. 


78 


HEALTH  LAWS  OF  KENTUCKY 


License  for 
the  tester. 


Lacense  for 
the  cream- 
ery. 


read,  overread  or  otherwise  fraudulently  manipulate 
the  Babcock  test  used  for  determining  the  per  cent, 
of  fat  in  milk  or  cream,  or  to  falsify  the  record  thereof, 
or  to  read  the  test  at  any  temperature  except  the  cor- 
rect temperature,  which  is  135  degrees  to  140  degrees 
Fahrenheit,  or  to  pay  on  the  basis  of  any  measure- 
ment or  weight  except  the  true  measurement  or 
weight,  which  is  17.6  cubic  centimeters  for 
milk  and  9  grams  for  cream.  This  section  further  pro- 
vides that  in  all  tests  the  cream  shall  be  weighed  into 
the  test  bottles. 

Sec.  1905a-49.  Every  creamory,  shipping  station 
or  other  factory,  or  person,  or  agent,  receiving,  buying 
and  paying  for  milk  or  cream  on  the  basis  of  the 
amount  of  butter  fat  contained  therein  shall  have  in 
its  employ  a  licensed  tester  who  shall  supervise  and  be 
responsible  for  the  operation  of  the  Babcock  test  of 
milk  and  cream.  The  license  shall  be  issued  to  such  per- 
son by  the  Kentucky  Agricultural  Experiment  Station 
upon  presentation  by  the  applicant  of  a  certificate  of 
proficiency  properly  filled  out  and  signed  by  the  chair- 
man of  the  examining  board  and  upon  payment  of  a 
license  fee  as  provided  in  section  7.  This  license  shall 
be  valid  for  the  term  of  one  year  and  shall  be  revoked 
by  the  said  Kentucky  Agricultural  Experiment  Station 
upon  recommendation  of  the  examining  board  if  the 
licensee  has  failed  to  comply  with  the  rules  and  reg- 
ulations under  which  the  license  was  granted. 

Everj-  creamery,  shipping  station,  milk  factory, 
cheese  factory,  ice  cream  factory,  or  milk  condensery, 
or  person  or  agent,  firm,  company,  association,  or  cor- 
poration receiving,  buying  and  paying  for  milk  or 
cream  on  the  basis  of  the  butter  fat  contained  therein, 
shall  be  required  to  hold  a  license.  The  license  shall 
be  issued  to  such  creamery,  shipping  station,  milk 
factory,  condensery,  ice  cream  factory,  cheese  factory, 
or  person,  or  agent,  firm,  company,  association  or  cor- 
poration by  the  Kentucky  Agricultural  Experiment 
Station,  upon  complying  with  the  provisions  of  sec- 


HEALTH  LAWS  OF  KENTUCKY  79 

tions  1  to  4,  inclusive,  of  this  act,  and  upon  payment 
of  a  license  fee  as  provided  in  section  1905a-52.  This 
license  shall  be  valid  for  the  term  of  one  year,  but 
shall  be  revoked  by  the  said  Kentucky  Agricultural 
Experiment  Station  if  the  licensee  fails  to  comply  with 
the  rules  under  which  the  license  was  granted. 

Sec.  1905a-54.  It  shall  be  the  duty  of  every  pros-  Prosecuting 
ecuting  attorney  to  whom  the  Kentucky  Agricultural  Duties!y" 
Experiment  Station  shall  report  any  violation  of  the 
provisions  of  this  act  to  cause  proceedings  to  be  com- 
menced against  the  person  or  persons  so  violating  the 
provisions  of  this  act,  and  to  prosecute  the  same  to 
final  termination,  according  to  the  laws  of  the  State 
ntucky. 

Sec.  1905a-55.  Any  employe  of  a  firm,  company,  Penalties, 
association,  corporation  or  person,  buying  and  paying 
for  milk  or  cream  on  the  basis  of  the  amount  of  butter 
fat  it  contains,  violating  any  of  the  provisions  of  this  . 
act,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  ihall  be  fined  not  less  than 
$25.00  nor  more  than  $500.00,  or  be  imprisoned  in  the  m 
county  jail  for  not  less  than  GO  days  nor  more  than 
12  months,  or  both.  Any  firm,  company,  association, 
corporation  or  person,  buying  or  paying  for  milk  or 
cream  on  the  basis  of  the  amount  of  butter  fat  con- 
tained therein,  violating  any  of  the  provisions  of  this 
act,  shall  be  iruilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  l>c  fined  in  the  sum  of  $100.00 
for  the  fart  offense,  and  in  the  sum  of  not  less  than 
1100.00  nor  more  than  $1,000.00  for  each  subsequent 

1275,     Anv  person  who  shall  manufacture  or   Adulterated 

1  #  candles   and 

knowingly  vend  any  candies  or  sweetmeats  containing  ™*etl~ 

poisonous  or  noxious  ingredients  shall,  for  each  offense,  selling-. 

lined  not  less  than  fifty  nor  more  than  one  hundred 
dollars. 

Sec.  1278.     If  any  person  shall  cast  or  place  the  ££{£i,n* 

carcass  of  any  cattle,  or  that  of  any  other  dead  beast,  ^[JJ  or 

in  any  water  course  or  within  twenty  five  yards  thereof,  pond* 


so 


HEALTH  LAWS  OP  KENTUCKY 


Manufac- 
tured honey. 
Sale   of  as 
bee  honey. 


Vinegar. 
Label   shovv- 
ini,'  compo- 
nent  ma- 
terial. 
Selling 
without 
label. 


Butter  and 
lard. 

Sale  of  im- 
pure article. 
Brand. 


or  shall  cast  the  same  into  any  pond,  such  person,  for 
every  such  offense,  shall  be  fined  for  the  first  offense 
not  less  than  five  nor  more  than  twenty  dollars,  and 
every  subsequent  offense  not  less  than  twenty  nor  more 
than  one  hundred  dollars. 

Sec.  1281.  Any  person  who  shall  sell  or  cause  to 
be  sold  any  manufactured  honey,  unless  such  honey  is 
so  represented  and  designated  as  manufactured  honey, 
shall,  for  the  first  offense,  be  fined  in  any  sum  not 
less  than  ten  nor  more  than  one  hundred  dollars,  and 
for  each  repeated  offense  shall  be  fined  not  less  than 
fifty  nor  more  than  two  hundred  and  fifty  dollars.  Any 
person  who  shall  sell,  or  cause  to  be  sold,  any  such  man- 
ufactured honey  which  contains  any  substance  injuri- 
ous to  health,  shall,  for  the  first  offense,  be  fined  in  any 
sum  not  less  than  ten  nor  more  than  one  hundred  dol- 
lars, and  for  each  repeated  offense  shall  be  fined  not 
less  than  fifty  nor  more  than  two  hundred  and  fifty 
dollars ;  and  such  adulterated  articles,  by  order  of  the 
court,  shall  be  destroyed. 

Sec.  1282.  All  barrels,  kegs  or  packages  in  which 
vinegar  is  placed  and  offered  for  sale  in  this  Com- 
monwealth shall  be  so  labeled,  branded  or  marked  as 
to  describe  the  process  of  manufacture  of  the  con- 
tents, and  shall,  on  the  said  label,  brand  or  mark  on 
the  outside  of  said  barrel,  keg  or  package,  state  from 
what  material  the  vinegar  in  said  barrel,  keg  or  pack- 
age is  made ;  whether  from  fruit  by  natural  fermenta- 
tion, or  from  malt,  grain  or  acid.  Any  person  selling 
or  offering  for  sale,  in  this  Commonwealth,  any  vine- 
gar not  so  marked  and  described,  or  if  the  vinegar  sold, 
or  offered  for  sale,  does  not  correspond,  and  is  not 
as  represented  by  the  label,  mark  or  brand  on  the 
barrel,  keg  or  package,  shall  be  fined  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars. 

Sec.  1283.  No  person  shall  sell,  supply,  or  offer 
for  sale  or  exchange  any  oleaginous  substance,  or  any 
compound  of  the  same,  as  butter,  other  than  that  pro- 
duced from  unadulterated  milk,  or  cream  of  the  same, 


HEALTH  LAWS  OF  KENTUCKY 


81 


or  any  substance  as  lard,  other  than  that  produced 
from  the  fat  of  healthy,  sound  hogs,  unless  the  same, 
and  the  packages,  casks  or  vessels  containing  the  same, 
shall  he  marked  so  as  to  plainly  show  to  the  purchase! 
and  establish  the  true  character  thereof,  and  dis- 
tinguish it  from  the  genuine  butter  or  lard.  And  any 
person  violating  any  of  the  provisions  of  this  section 
shall  he  lined  not  less  than  twenty  nor  more  than  one 
thousand  dollars. 

Sec.  1283a.  That  it  shall  hereafter  he  unlawful 
in  this  State  for  any  packer  or  dealer  in  preserved  or 
canned  fruits  and  vegetables  or  other  articles  of  food, 
to  offer  such  canned  articles  for  sale  after  duly  1,  one 
thousand  eight  hundred  and  ninety-six.  with  the  ex- 
ception of  goods  brought  from  foreign  countries  or 
packed  prior  to  the  passage  of  this  act,  unless  such 
articles  bear  a  mark  to  indicate  the  grade  or  quality, 
tier  with  the  name  and  address  of  such  firm,  per- 
r  corporation  that  packs  the  same  or  dealer  who 
sells  the  same. 

2.  That  all  soaked  goods,  or  goods  put  up  from 
products  dried  before  canning,  shall  he  plainly  mark- 
ed by  an  adhesive  label  having  on  its  face  the  Word 
"soaked"  in  letters  ool   less  in    size    than    two-line 

pies   Of  solid   and   legible   type;   and   all    cans,  jugs  or 

other  packages,  containing  maple  syrup  or  molasses, 
shall  be  plainly  marked  by  an  adhesive  label,  having 

On   its   face  tl  end   address  of  the   person,  firm 

irporation   who   made   or   prepared   the   same,    t<>- 
>•  with  the  name  and  quality  of  the  goods,  in  let- 

provided  in  this  section. 

3.  Any    person,    firm    or    corporation    who    shall 

falsely  stamp  or  label  such  earn  or  jars  containing 

Or  food  of  any  kind,  or  knowingly  per- 
mit such  false  stamping  or  labeling,  and  any  person, 

firm  or  COrporaitOn  who  shall  violate  any  of  the  pro- 
visions of  this  act  shall  he  deemed  guilty  of  a  mis- 
demeanor and  punished  with  a  fine  of  not  less  than 
fifty  dollars,  in  the  ease  of  the  vendors,  and  in  the 


Penalty. 


i 'aimed 
fruits  and 
vegetables. 
Fraud   in. 


Soaked 

goods. 
Maid.- 

syrup. 


Pais.-   label' 

lngr. 


Penalties. 


82 


HEALTH  LAWS  OF  KENTUCKY 


case  of  manufacturers  and  those  falsely  fraudulently 
stamping  or  labeling  such  cans  or  jars,  a  fine  of  not 
less  than  five  hundred  dollars  nor  more  than  one 
thousand  dollars  and  it  shall  be  the  duty  of  any 
board  of  health  in  this  State,  cognizant  of  any  viola- 
tion of  this  act,  to  prosecute  any  persons,  firm  or 
corporation  which  it  has  reason  to  believe  has  vio- 
lated any  of  the  provisions  of  this  act.  (This  section 
is  an  act  that  took  effect  March  21,  1896;  the  num- 
bers of  the  subsections  are  the  same  as  the  numbers 
of  the  sections  of  the  act.) 


Erection  or 
maintenance 
of  place  of 
prostitution 
or    lewdness 
a  nuisance. 
Shall  be  en- 
joined. 


Action  by 
Common- 
wealth on 
relation  of 
attorney  or 
citizen. 
Temporary 
injunction. 
Notice. 
Effect  of 
order. 


PROSTITUTION  AND  LEWDNESS— ABATEMENT 
OF  AS  NUISANCE. 

Capter  61,  p.  184,  Acts  of  1918. 

Sec.  3941m-l.  That  whoever  shall  erect,  establish, 
continue,  maintain,  use,  occupy,  lease  or  sublease  any 
building,  erection  or  place  used  for  the  purpose  of 
lewdness,  assignation  or  prostitution  in  the  Common- 
wealth of  Kentucky  shall  be  guilty  of  a  nuisance,  and 
the  .building,  erection  or  place  and  the  ground  itself 
in  or  upon  which  such  lewdness,  assignation  or  prosti- 
tution is  conducted,  permitted  or  carried  on,  continued 
or  exists,  and  the  furniture,  fixtures  and  musical  in- 
struments therein  and  all  other  contents  thereof  are 
declared  a  nuisance  and  shall  be  enjoined  and  abated 
as  hereinafter  provided. 

Sec.  3941m-2.  That  whenever  a  nuisance  is  kept, 
maintained  or  exists  as  defined  in  this  act,  the  Com- 
monwealth attorney  or  county  attorney,  or  any  citizen 
of  the  county  wherein  such  nuisance  exists,  may  main- 
tain an  action  in  equity  in  the  name  of  the  Common- 
wealth of  Kentucky,  upon  the  relation  of  such  attorney 
or  citizen,  to  perpetually  enjoin  said  nuisance,  the  per- 
son or  persons  conducting  or  maintaining  the  same  and 
the  owner  or  agent  of  the  building  or  ground 
upon    which    nuisance    exists.     In    such    action    the 


HEALTH  LAWS  OF  KENTUCKY 


88 


court,  or  a  judge  in  vacation,  shall,  upon  the 
presentation  of  a  petition  therefor  alleging  that 
the  nuisance  complained  of  exists,  grant  a 
temporary  injunction  without  bond,  if  the  existence 
of  such  nuisance  complained  of  be  made  to  appear  to 
the  satisfaction  of  the  court  or  judge  by  evidence  in 
the  form  of  affidavit,  depositions,  oral  testimony  or 
Otherwise,  as  the  complainant  may  elect.  Three  days* 
notice,  in  writing  shall  be  given  the  defendant  of  the 
hearing  of  the  application.  When  an  injunction  lias 
been  granted  it  shall  be  binding  on  the  defendant 
throughout  the  Commonwealth  of  Kentucky,  and  any 
violation  of  the  provi  ;"  injunction  herein  pro- 

vided   shall    be   a   contempt    as   hereinafter   provided. 

In  iucs  action  evidence  of  the  general 
reputation  of  the  place  shall  be  admissible  for  the 
purpose  of  proving  the  existence  of  said  nuisance. 
[f  the  complaint  is  tiled  by  a  citizen,  it  shall  not  be 
dismifi  eept    upon  a  sworn  statement  made  by 

the    complainant    and    his   attorney,    letting    forth    the 

rcaso  m  should  he  dismissed,  and  the 

dismi  red  by  the  Commonwealth  or  county 

aey  in  writing  or  in  open  court.   If  the  court  is 

of  the  opinion  that  the  action  ought  not  to  be  dis- 

i\    direct   the  ( ommonwealth  or  county 

m  y  to  prosecute  said  action  to  judgment;  and  if 

the  action  is  continued  more  thai  rm  of  court. 

any  citi/.-n  may  he  .substituted    for    the    complaining 

,  action  to  judgment.   If  the 
i  ia  brought  by  aciti  I  the  court  finds  there 

liable  ground  or  cause  for  said  action,  the 
:ed  to  such  citizen. 

4.     That    in  case  of  the   violation   of  any  injunc- 

:  »ns  of  this  act,   the 

courl  or,  in  vacation,  a  judge  thereof,  may  summarily 

the  offender.    The  proceedings  shall 

be  CO  lling  with   I  lu*  clerk  of  the  court 

lavit,  setting  out  the  alleged  fa  ititut- 


Evidence  of 

i  al 
reputation. 
Dismissal 

of   action. 


Violation   of 
Injunction. 
Arrest    of 
lant. 
Trial. 
Punish- 
ment. 


84 


HEALTH  LAWS  OF  KENTUCKY 


Order   of 
abatement. 
Removal 
and    sale    of 
furniture 
and    fix- 
tures. 
Closing-    of 
building  for 
one  year. 
Use  of 
building 
ordei-ed 
closed, 
penalty  for. 


ing  such  violation,  upon  which  the  court  or  judge 
shall  cause  an  order  of  arrest  to  issue,  under  which 
the  defendant  shall  be  arrested.  The  trial  may  be  had 
upon  affidavits,  or  either  party  may  at  any  stage  of 
the  proceedings  demand  the  production  and  oral  ex- 
amination of  the  witnesses.  A  party  found  guilty  of 
contempt,  under  the  provisions  of  this  action,  shall  be 
punished  by  a  fine  of  not  less  than  $200  nor  more  than 
$1,000,  or  by  imprisonment  in  the  county  jail  not  less 
than  three  nor  more  than  six  months,  or  by  both  fine 
and  imprisonment. 

5.  That  if  the  existence  of  the  nuisance  be  estab- 
lished in  an  action  provided  in  this  act,  an  order  of 
abatement  shall  be  entered  as  a  part  of  the  judgment 
in  the  case,  which  order  shall  direct  the  removal 
from  the  building  or  place  of  all  fixtures,  furniture, 
musical  instruments  or  movable  property  used  in 
conducting  the  nuisance,  and  shall  order  the  sale 
thereof  in  the  manner  provided  for  the  sale  of 
chattels  under  execution,  and  the  effectual  closing  of 
the  building  or  place  against  its  use  for  any  purpose, 
and  so  keeping  it  closed  for  a  period  of  one  year,  un- 
less sooner  released.  If  any  person  shall  break,  enter 
or  use  a  building,  erection  or  place  so  directed  to  be 
closed  he  shall  be  punished  as  for  contempt,  as  pro- 
vided in  the  preceding  action.  The  sheriff  shall  be 
allowed  for  sales  hereunder  the  same  fees  as  allowed 
for  sales  under  execution.  For  all  other  services  here- 
under, the  sheriff  shall  be  allowed  a  reasonable  fee 
by  the  court,  to  be  taxed  as  a  part  of  the  costs  in  the 
action ;  provided,  that  no  injunction  shall  issue  against 
an  owner,  nor  shall  an  order  be  entered  requiring  that 
any  building  or  apartment  or  any  place  be  closed  or 
kept  closed  if  it  appears  that  such  owner  and  his  agent 
have  in  good  faith  endeavored  to  prevent  such  nuis- 
ance. Nothing  in  this  act  contained  shall  authorize 
any  relief  respecting  any  other  apartment  than  that 
in  which  such  a  nuisance  exists. 


HEALTH  LAWS  OF  KENTUCKY 


85 


6.  That  the  proceeds  of  the  sale  of  the  personal 
property,  as  provided  in  the  preceding  section,  shall  be 
applied  in  the  payment  of  the  costs  of  the  action  and 
abatement  and  the  balance,  if  any.  shall  be  paid  to  the 
defendant. 

7.  That  if  the  owner,  agent  or  lessee  of  any 
building,  erection,  place  or  ground  against  which  an 
injunction  has  been  issued,  appears  and  pays  all  costs 
of  tl  id  filed  a  bond,  with  surety  to 
he  approved  by  tin1  clerk,  qualified  as  required  by 
section  684  of  the  Civil  Court  of  Practice,  in  the  full 
value  of  the  pro:  be  ascertained  by  the  court, 
or.  in  vacation,  by  the  judge  thereof,  conditioned  that 

diately  abate  said  nuisance  and  preverft 

tlished  or  kepi  within  a  period 

of  6ne  year  thereafter,  the  court,  or,  in  vacation,  by 

judge,  may,  it   Batisfied  of  his  good  faith,  order 

the   pi  which   had   been   closed   under  the  order 

•   t«>  in'  released  to  said  owner  and  said 

l«d  so  far  as  the  same   i:i;:y 

be  given  and 
therein  paid  judgment  and  order  of  abate- 

il  be  thereb;  \   to   said 

the  property  under  the  pro- 
Mi   shall    not   release   it    from   any 
'.  lien  or  liability  to  which  it  may  be  otherwise 
subject  by  law. 

s.     That   wherever  a    permanent    injunction   issues 

maintaining    a    nuisance    as 

I  any  owner  or  agenl  of  the 

built'  prohibited  by 

this  .  of  under 

•ii"   COUrl    shall  allow 
to   the  at  -'or  tin*    plaintiff    a    reasonable    fee, 

which  shall  b  .it  of  the  cost  of  the  ac- 

• 

Thai  the  Commonwealth  attorney  or  county 
attorney,  or  other  attorney  representing  the  plaintiff 
in   any   proceeding   under   this  statute,    may,    with    the 


Disposition 
of    proceeds 
of  sale. 


Defendant 
may  give 
bond   and 
secure   re- 
lease of 
premises, 
when. 
Abatement 
of  action. 

Costs. 


■  illowed 
plaintiff's 

attorn 


Immunity 
of   witness 

for     plain- 
tiff. 


gfi 


HEALTH  LAWS  OF  KENTUCKY 


Costs  a  lien 
on    realty. 
Satisfaction 
of. 


Common- 
wealth's or 
county  at- 
torney  to 
proceed 
against 
persons 
convicted  of 
keeping-  dis- 
orderly 
house. 

Ciri/en   may 
institute 
action. 
Judgment 
of    convic- 
tion author- 
izes   injunc- 
tion. 


approval  of  the  court,  grant  immunity  from  prosecu- 
tion to  any  witness  who  shall  tsstify  for  plaintiff. 

10.  That  the  costs  of  the  action  provided  for 
hereunder  shall  constitute  a  lien  upon  any  ground 
and  improvements  involved  in  the  case,  and  the  judg- 
ment shall  provide  for  the  enforcement  thereof,  but 
any  personal  property  seized  as  herein  provided  shall 
be  first  sold  and  the  proceeds  applied  to  the  payment 
of  such  costs  before  said  ground  or  improvements  shall 
be  sold. 

11.  If  any  person  be  convicted  in  any  court  of 
this  State  of  keeping  or  maintaining  a  bawdy  or 
disorderly  house  or  house  of  ill  fame  or  house  of 
Assignation,  the  county  attorney  or  prosecuting  at- 
torney of  such  court  in  which  such  conviction  shall 
have  occurred  shall,  or  any  citizen  of  the  State  may, 
institute  injunction  proceedings  against  such  person 
in  a  court  of  equity,  as  provided  in  this  act,  and  the 
said  judgment  of  conviction  shall  be  warrant  for  the 
court  of  equity  issuing  an  injunction  as  provided  there- 
in against  said  person  and  the  property  unlawfully 
used  as  provided  herein. 


VENEREAL  ADVERTISING  LAW 


Advertise- 
ment   relat- 
ing-  to   cer- 
tain dis. 
eases  pro- 
hibited. 


Whoever  publishes,  delivers,  distributes  or  causes 
to  be  published,  delivered  or  distributed  in  a  news- 
paper or  otherwise  an  advertisement  containing  a 
statement,  description  or  discussion  of  or  concerning 
a  venereal  disease  or  a  disease,  infirmity  or  condition 
of  the  sexual  organs  caused  by  sexual  vice  or  referring 
to  a  person  or  persons  who  may  or  will  treat  or  give 
advice  concerning  the  same  or  to  an  office  or  place 
where  such  disease,  infirmity  or  condition  may  or  will 
eated  or  where  advice  may  or  will  be  given  con- 
cerning the  same,  shall  be  punished  by  imprisonment 
for  not  more  than  six  months  or  by  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars, 


HEALTH  LAWS  OF  KENTUCKY  t7 

or  by  both  such  fine  and  imprisonment.  Provided, 
however,  that  this  section  shall  not  be  construed  to  ap- 
ply to  didactic  or  scientific  treatises  on  sex  conditions, 
diseases  or  infirmities  which  do  not  advertise  or  call 
attention  to  any  person  or  persons  who  will  treat  or 
ise  concerning  the  same,  nor  to  any  office  or  place 
where  the  same  may  be  treated  or  where  advice  will 
be  given  concerning  the  same,  other  than  a  person  or 
an  office  or  a  place  affiliated  with  a  licensed  hospital 
01  dispensary  or  the  State  or  county  board  of  health 
of  the  State  of  Kentucky. 


THE  LAW  FOR  THE  PREVENTION  OF 
BLINDNESS. 

<i2b,  Keutiu  :  tes,  Vol.  1,  p.  1084. 

Sec.  2062b.     1.     That  it  shall  be  the  duty  of  the   JJJ^JJJJi- 
county  board  of  health  of  each  county,  acting  in  co-  JJ1^^  of 
operation  with  the  county  medical  society  and  state  instruction, 
board  of  ?e  for  an  annual  course  of 

traction  or  school  for  the  physicians,  midwives  and 
nura  ich  count;  icn  the  importance,  and  the 

best  methods  for  the  early  recognition  and 
nt  of,  the  dangers  I  ad  the  precautions 

to  b  ition  and  contagion  to  all 

who  n  contact    with    cases    of    trachoma    and 

p  any  other  <>f  the  new 

born,  or  with  any  towel,  utensil  or  other  thing  used 

rtance  and  imperative 
i  ting  all  cases  of  such  diseases  to 
county  or  city  I  <s  may  be,  and 

of  keeping  a  trui  I  of  all  inch  cases. 

shall  be  the  duty  of  the  state  board    Bulletins  of 

r   .        i   i  ,  ,  .  •    Information. 

of  health  to  secure  the  CO-O]  i  and  assistance  or 

the  national  health  authorities  in  dealing  with  these 

.  and  1"  prepare  ami  issue  bullet  ins  or  other 
literature  <•  ional  and  popular  informa- 

to  the  prevalence  and  infectious  character  of 


88 


HEALTH  LAWS  OF  KENTUCKY 


Must  be 
reported. 


Penalties. 


such  eye  diseases,  and  the  precautions  to  be  used 
against  such  infections;  and  to  furnish  formulae  and 
other  information  for  the  use  of  physicians  and  mid- 
wives  in  the  management  and  treatment  of  such  dis- 
eases. It  shall  be  the  duty  of  the  county  boards  of 
health  to  furnish  to  physicians  and  midwives  the  sim- 
ple drugs  to  be  used  for  the  indigent  in  preventing 
and  in  treating -such  diseases. 

3.  That  it  shall  be  the  duty  of  every  physician 
and  of  every  midwife,  who,  while  in  attendance  upon 
a  baby  under  thirty  days  old  or  upon  its  mother,  has 
observed  ophthalmia  in  the  new-born  baby,  and  the 
duty  of  the  head  of  a  family  and  of  a  trained  nurse 
in  a  family  in  which  there  is  a  baby  under  thirty  days 
old  and  no  physician  or  midwife  in  attendance,  and  the 
duty  of  the  trained  nurse  and  of  the  head  of  any  in- 
stitution in  which  there  is  a  baby  under  thirty  days 
old  and  no  physician  or  midwife  in  attendance  upon 
it  or  its  mother,  to  report  the  case  of  opthalmia  in  the 
new-born  within  six  hours  after  observing  it  to  the 
city  board  of  health,  if  the  case  shall  have  occurred  in 
a  city  then  having  a  city  board  of  health,  or  if  there  be 
no  city  board  of  health,  or  if  the  case  shall  have 
occurred  outside  a  city,  to  the  county  board  of  health 
within  twenty-four  hours  after  observation.  And  it 
shall  be  the  duty  of  every  physician  to  report  each 
case  of  trachoma  so  diagnosed  by  him  as  attending  or 
examining  physician  within  five  days  after  such 
diagnosis.  And  any  physician,  midwife,  nurse,  or  head 
of  family  who  fails  to  make  the  report  required  by 
this  act,  shall  upon  conviction,  be  fined  not  more  than 
one  hundred  dollars ;  and  presistent  failure  or  refusal 
on  the  part  of  a  physician,  midwife  or  nurse  to  make 
such  report  or  to  take  the  necessary  precautions  to 
prevent  the  spread  of  such  diseases  shall  be  a  proper 
ground  for  the  revocation  of  the  right  to  practice, 
after  due  notice  and  hearing,  as  now  provided  by  law 
for  the  revocation  of  certificates  to  practice  medicine 
in  this  Commonwealth. 


HEALTH  LAWS  OF  KENTUCKY  89 

4.    That  "Ophthalmia  in  the  New-Bora"  shall  be   Definitions, 
understood   to   be   "any    inflammation,    swelling   and 
redness  of  either  eye,  or  of  both  eyes,   either  apart 
from  or  together  with  any  unnatural  discharge  from 
the  eye,  or  eyes,  of  a  baby." 

FALSE  OB  FRAUDULENT  ADVERTISING, 

(  hapter  147,  p.  648,  Acts  of  1918. 

e.  1376f.     Any  person,  firm,  corporation  or  as-    Untrue,  ^de- 
sociation  who.  with  intent  to  sell  or  in  anywise  dis-  misleading 

*  (  statements 

pose  of  merchandise,  securities,  service,   or   anything   ia,;lv.1^!tbi1siJ. 
offered  by  such  person,  firm,  corporation  or  associa-   gjgjjj^  for 
•ion.  directly  or  indirectly!  to  the  public  for  sale  or   matta* 
distribution,  or  with  intent  to  increase  the  consump- 
tion thereof  or  to  induce  the  public  in  any  manner 

enter  into  any  obligation  relating  therto,  or  to  ac- 
quire title  thereto,  or  any  interest  therein,  makes,  pub- 
lishes, disseminates,  eireulates,  or  places  before  the 
public,  or  causes,  directly  or  indirectly,  to  be  made, 
published,  disseminated,  circulated  or  placed  before 
the  public  in  this  State,  in  a  newspaper  or  other  pub- 
lication or  in  the  form  of    a    book,    notice,    handbill. 

•  ••!•.  bill,  circular,  pamphet,  or  letter,  or  in  any  other 
way,  an  advertisement  of  any  sort  regarding  mer- 
chandise, securities,  service  or  anything  so  offered  to 

the  public,  which  advertisement  contains  any  asser- 
tion. v>:  'ion  Or  statement  of  fact  which  is  un- 
true, deceptive  or  misleading,  shall  be  guilty  of  a  mis- 
demeanor, and.  upon  conviction,  shall  be  fined  in  any 
sum  no!  ling  one  hundred  dollars,  or  imprison- 
ment in  the  county  jail  not  exceeding  ninety  days,  or 

both   so  lined  and   imprisoned   ffi   the  discretion   of  the 

Jury. 

1.      That     it    shall    be    unlawful     for    any    person,     ,M.;,llay 

firm,  association,  corporation  or  advertising  agency,  Jfrtion'in11" 
either  directly  or  indirectly,  to  display  or  exhibit  to   SJptri   or 

th"  public  in  any  manner  whatever,  whether  by  hand-    gtU/n£.any 
bill,    placard,    poster,    picture,    film,    or    otherwise;   JJJJJStfjJ? 


90 


HEALTH  LAWS  OP  KENTUCKY* 


ment  or 
statement 
for  pur- 
poses of  de- 
ception. 


Penalty    for 
violations. 
Liability    of 
corporate 
officers. 


Advertise- 
ment   re- 
lating- to 
certain    dis- 
eases   pro- 
hibited. 


or  to  insert  or  cause  to  be  inserted  in  any  newspaper, 
magazine  or  other  publication;  or  to  issue,  exhibit  or 
in  any  way  distribute  or  disseminate  to  the  public ;  or 
to  deliver,  exhibit,  mail  or  send  to  any  person,  firm, 
association  or  corporation  any  false,  untrue  or  mis- 
leading statement,  representation  or  advertisement 
with  intent  to  sell,  barter  or  exchange  any  goods,  wares 
or  merchandise  or  anything  of  value;  or  to  deceive, 
mislead  or  induce  any  person,  firm,  association  or  cor- 
poration to  purchase,  discount  or  in  any  way  invest  in 
or  accept  as  collateral  security  any  bonds,  bill,  share 
of  stock,  note,  warehouse  receipt  or  any  security;  or 
with  the  purpose  to  deceive,  mislead,  or  induce  any 
person,  firm,  association  or  corporation  to  purchase, 
make  any  loan  upon  or  invest  in  any  property  of  any 
kind;  or  use  any  of  the  aforesaid  methods  with  the 
intent  or  purpose  to  deceive,  mislead  or  induce  any 
other  person,  firm  or  corporation  for  a  valuable  con- 
sideration to  employ  the  services  of  any  person,  firm, 
association  or  corporation  so  advertising  such  serv- 
ices. 

2.  That  any  person,  firm,  or  association  violat- 
ing any  of  the  provisions  of  this  act  shall,  upon  con- 
viction thereof,  be  punished  by  a  fine  of  not  more 
than  $500  or  by  imprisonment  of  not  more  than  sixty 
days,  or  by  both  fine  and  imprisonment,  in  the  dis- 
cretion of  the  co art.  A  corporation  convicted  of  an 
offense  under  the  provisions  of  this  act  shall  be  fined 
not  more  than  $500,  and  its  president  or  such  other 
officials  as  may  be  responsible  for  the  conduct  and 
management  thereof  shall  be  imprisoned  not  more  than 
sixty  days,  in  the  discretion  of  the  court.    (Id.,  Sec.  2.) 

Sec.  1376.  Whoever  publishes,  delivers,  distri- 
butes or  causes  to  be  published,  delivered  or  distri- 
buted in  a  newspaper  or  otherwise  an  advertisement 
containing  a  statement,  description  or  discussion  of 
or  concerning  a  venereal  disease  or  a  disease,  infirmity 
or  condition  of  the  sexual  organs  caused  by  sexual 
vice,  or  referring  to  a  person  or  persons  as  having 


HEALTH  LAWS  OF  KENTUCKY 


91 


Buffered  from  such  a  disease,  infirmity  or  condition; 
which  advertisement  shall  call  attention  to  a  medicine, 
article  or  preparation  that  may  be  used  therefor,  or 
to  a  person  or  persons  who  may  or  will  treat  or  give 
ee  concerning  the  same,  or  to  an  office  or  place 
re  such  di  infirmity  or  condition  may  or  will 

be  treated,  or  wh  ice  may  or  will  be  given  con- 

corning  the  same,  shall  be  punished  by  imprisonment 
for  not  more  than  six  months  or  h\  a  fine  of  not  less 
than  fiiY.  \  nor  more  than  five  hundred  dollars, 

both  such  fine  and  imprisonment;  provided,  how- 
*   this  section  shall  not  be  construed  to  ap- 
ply to  didaetie  or  ic  treatises  on  sex  conditions, 
ises  or  in                    bich  do  not  advertise  or  call 
person  or  persons  who  will  treat  or 
e  concerning  the  same,  nor  to  any  office  or  | 

de  may  be  treated  or  where  advice  will 

be  given  concerning  the  -  her  than  a  person  or 

an  office  or  a  place  affiliated  with  a  licensed  hospital 

or  dis]  State  or  county  board  of  health 

^tate  of  Kentucky. 

2,     Aj  iting  an.  ion  of  I 

'My  of  a   mi-  shall   be 

lollars  ($20.00)  nor  more 

one   hundred   dollars,     or    imi  I     in    the 

county  jail  for  no  y  nor  more  than  sixty 

or  be  both  so  fined  and  imprisoned.    Upon 
convic  Idden  article  shall  be  confis- 

I  by  and   become  fi  rty  of  the  Common- 

wealth, and  each  day  any  provision  of  this  act  is  vio- 

eparate  offei 

Any    police    officer    oi  by 

auth  -unmanly    I  i  any    person    violat- 

,ny  of  tl  ions  of  this  SCt,  and  if  thVpreS- 

of  any  I  on  or  about  the 

itrol   of  such 
alien.  h  such  premises  for  the  purpose 

of  ascertaining  whet]  h   forbidden  article  is 

in  tlm  possession  of  or  un<  eontrol  of  such  alien. 


ivnnlty  for 
violation. 
SeparaU 
offenses. 


92  HEALTH  LAWS  OF  KENTUCKY 

THE  ABORTION  LAW. 

Abortion.  ^^  m9a       ±       ^  ^jj  bg  unlawful  for  any  per. 

son  to  prescribe  or  administer  to  any  pregnant  woman, 
or  to  any  woman  whom  he  has  reason  to  believe 
pregnant,  at  any  time  during  the  period  of  gestation, 
any  drug,  medicine,  or  substance,  whatsoever,  with  the 
intent  thereby  to  procure  the  miscarriage  of  such 
woman,  or  with  like  intent,  to  use  any  instrument  or 
means  whatsoever,  unless  such  miscarriage  is  neces- 
sary to  preserve  life ;  and  any  person  so  offending  shall 
be  punished  by  a  fine  not  less  than  five  hundred  nor 
Penalty.  more  than  one  thousand  dollars,  and  imprisoned  in 
the  State  prison  for  not  less  than  one  nor  more  than 
ten  years. 

2.  If  by  reason  of  any  of  the  acts  described  in 
section  one  hereof,  the  miscarriage  of  such  woman 
is  procured,  and  she  does  miscarry,  causing  the  death 
of  the  unborn  child  whether  before  or  after  quicken- 
ing time,  the  person  so  offending  shall  be  guilty  of  a 
felony,  and  confined  in  the  penitentiary  for  not  less 
than  two,  nor  more  than  twenty-one  years. 

3.  If  by  reason  of  the  commission  of  any  of  the 
acts  described  in  section  1  hereof,  the  woman  to  whom 
such  drug  or  substance  has  been  administered,  or  upon 
whom  such  instrument  has  been  used,  shall  die,  the 
person  offending  shall  be  punished  as  now  prescribed 
by  law,  for  the  offense  of  murder  or  manslaughter,  as 
the  facts  may  justify. 

woman  not  4.     The  consent  of  the  woman  to  the  perform- 

accomplice.  .    . 

ance  of  the  operation  or  the  administering  of  the  med- 
icines or  substances,  referred  to,  shall  be  no  defense 
and  she  shall  be  a  competent  witness  in  any  prosecu- 
tion under  this  act,  and  for  that  purpose  she  shall  not 
be  considered  an  accomplice. 


HEALTH  LAWS  OF  KENTUCKY  93 

AXTI-XARCOTIC  LAW. 

Chapter  93b,  Sec.  3766c\  Kentucky  Statutes,  p.  1949. 

Sec.  3766c.     Opium  or  its  alkaloidal  salts  or  their    ff8^}0*1 

or  any  admixture  containing  opium  or  its 

alkaloidal  salts  or  their  derivatives,  shall  be  sold  or 

dispensed  only  by  a  registered  pharmacist  upon  the 

original  written,  dated  and  signed  prescription  of  a 

\\y    licensed    physician,    or    dentist    or   veterinary 

and  only  one  sale  shall  be  made  on  said  pre- 

iption,  and  each  sueh  prescription  shall  state  upon 

the  quantity  of  said  opium,  its  alkaloidal  salts 

heir  derivatives,  also  the  name  of  the  patient  and 

e  said  prescription  is  filed.   And  opium  or  its 

alkaloidal  salts  or  their  derivatives,  Or  any  admixtures  Definitions, 
containing  opium  or  its  alkaloidal  salts  or  their  deriva- 
tives, shall  be  sold  at  wholesale  only  to  registered 
pharmacists,  legally  qualified  physicians,  dentists  and 
erinary  surgeons:  Provided,  however,  that  any 
pre]  'iit.  proprietary  or  otherwise,  eontain- 

i'jn  do1  more  than  two  grains  of  opium  or  one-fourth 

i    grain   of  its   alkaloidal   salts  or   their  derivatiw 
admixture  of  ipecac  and  opium,  com- 
monly  known  as  Dover's   Powder,  or  the  anti-spas- 
lic  mixtures  of  the  National  Formulary  official  at 
the   time   <>t*  sale,   or   lotions,   liniments,   suppositories, 

plainly  labeled  "For   External 

may  be  sold  or  dispensed   by   registered 
pharmacists  without  any  pr  u.   Any  registered 

pharmacist,  legally  licensed  physician,  dentist,  or 
or  any  person  not  a  registered 
pharmacist,  licensed  physician,  dentist  or  veterinary 
surgeon,  who  shall  prescribe  for,  procure  for,  or  sell, 
or  dispense  to  any  person  opium  or  its  alkaloidal  salts 
or  their  derivatives,  or  any  admixture  containing 
opium  or  its  alkaloidal  salts  or  their  derivatives,  or 
srwise  deal  in  the  same  for  any  purpose  Other  than 

rein  provided,  shall  there- 
by render  himself  amenable  to  the  penalties  as  in  this 


94 


HEALTH  LAWS  OF  KENTUCKY 


section  provided.  And  provided,  further,  that  the  pro- 
visions of  this  section  shall  not  apply  to  the  sales  made 
by  wholesale  druggists  to  each  other  or  to  registered 
pharmacists  or  to  legally  licensed  physicians,  dentists, 
or  veterinary  surgeons,  or  to  hospitals,  sanatoriums, 
colleges,  public  and  scientific  institutions,  nor  to  sales 
made  to  manufacturers  of  proprietary  or  pharma- 
ceutical preparations  for  use  in  the  manufacture  of 
such  preparations,  nor  to  the  sale  at  wholesale  to  gen- 
eral merchants  or  at  retail  by  general  merchants  of 
patent  or  proprietary  medicines  containing  not  more 
than  two  grains  of  opium  or  one-fourth  grain  of  mor- 
phine or  one-fourth  grain  of  heroin  or  three-fourths 
grains  of  codeine  in  one  ounce.  Any  person  failing  to 
comply  with  the  requirements  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  pay  a  fine  of  not  less  than  twenty  or  more  than 
one  hundred  dollars. 


Drinking 
cups   in 
public 
places. 


Penalty. 


PUBLIC  DRINKING  CUP  LAW. 

Sec.  1376e.  The  use  of  the  common  drinking  cup 
on  railroad  trains  and  in  railroad  stations,  public 
hotels,  boarding  houses,  restaurants,  or  steamboats,  in 
stores  or  other  publicly  frequented  places  in  Kentucky 
is  hereby  prohibited.  No  person  or  corporation  in 
charge  of  the  aforesaid  places  and  no  person  or  cor- 
poration shall  permit  on  said  railroad  train  in  railroad 
stations,  public  hotels,  boarding  houses,  restaurants, 
steamboats,  stores,  or  any  publicly  frequented  place 
in  Kentucky,  the  use  of  the  drinking  cup  in  common. 
There  must  also  be  posted  in  a  conspicuous  place,  by 
the  individual  or  corporation,  by  the  drinking  water 
contained  in  any  of  the  places  mentioned  in  foregoing 
paragraphs,  a  warning  cardboard,  with  the  above 
printed  thereon  in  large  letter,  so  they  can  be  easily 
read.  Any  person  or  corporation  violating  the  pro- 
vision of  this  act  shall,  upon  conviction,  be  fined  in 
any  sum  not  less  than  one  dollar,  and  not  more  than 


HEALTH  LAWS  OF  KENTUCKY 


95 


ten  dollars,  and  each  day's  violation  of  any  of  the  pro- 
visions of  this  act  shall  be  considered  a  separate  of- 
fense, punishable  by  fine  in  the  amount  named  above. 


LAW  AGAINST  DIVISION  OF  FEES. 
Carroll's  Statutes,  Vol.  3,  1918,  p.  565. 

Sec.  2618a-l.  That  hereafter  any  physician, 
surgeon  or  any  other  person  who  carries,  sends  or  is 
in  any  manner  instrumental  or  aids  and  abets  in  caus- 
ing a  patient  to  go  to  another  physician  or  surgeon 
for  surgical  operation  or  advice  as  to  or  the  treatment 
of  physical  or  mental  disease,  injury  or  ailment,  and 
receives  therefor  from  such  other  physician  or  surgeon 
any  mon<  or  other  thing  of  value  for  having 

Furnished  such  patient  or  -who  has  any  agreement  or 
understanding  with  such  physician  or  surgeon  to  re- 
therefor  any  money,  gift  or  other  thmg  <>f  value 
r  from  rack  physician  or  surgeon,  without 
the  knowledge  and  consent  of  the  patient  previously 
obtained,  shall  be  guilty  Of  selling  the  patient,  within 
the  meaning  of  this  act. 

Any  physician,  Burgeon  or  other  person  who 
shall    vi-  etion    2618a-l    of   this    act   shall    be 

guilty  of  a  misdemeanor  and  lined  not  less  than 
dollars  nor  more  than  one  hundred  dollars  for  each 
often 

3.  That  hereafter  any  physician,  surgeon  or  any 
other  person  who  knowingly  receives  any  patient  so 
carrii  or  caused  to  go  to  him  for  any  surgical 

operation  or  advice  as  to  or  treatment  of  any  physical 
or  menial  disease,  injury  or  ailment,  and  such  phy- 
sician on  or  other  person  pays  any  money. 
or  thing  of  value  or  promises  any  compensa- 
tion whatsoever  therefor  to  such  physician,  surgeon 
or  other  person  so  sending  or  carrying  or  aiding 
and  abetting  in  getting  such  patient  to  him,  without 
the  knowledge  or  consent  of  the  patient  previously 


Division    of 
fees    with- 
out consent 
Of    patient. 
Guilty  of 
selling  the 
potent, 
when. 


Penalty  for 
Belling 

patient. 


Ion  of 
fees  with- 
out consent 

i  lent 
ruilty  of 
lmvinsr 
patient; 
when. 


96 


HEALTH  LAWS  OF  KENTUCKY 


Penalty  for 
buying- 
patient. 
Forfeiture 
of  license. 


Seller  not 
the    accom- 
plice  of  the 
buyer. 

Seller     com- 
pelled to 
tesitfy. 
Privileged 
from    prose- 
cution  in 
such    event. 


obtained,  shall  be  guilty  of  buying'  the  patient  within 
the  meaning  cf  this  act. 

4.  That  any  person  who  buys  a  patient  within 
the  meaning  of  section  2618a-3  of  this  act  shall  be 
guilty  of  a  misdemeanor  and  upon  conviction  shall 
be  fined  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars  for  each  offense,  and  if  he  be  a  phy- 
sician or  surgeon  shall,  upon  conviction  of  a  second 
offense,  forfeit  his  license  to  practice  medicine  and 
surgery  in  this  Commonwealth;  the  court  trying  the 
case  shall,  upon  conviction  for  the  second  offense,  de- 
clare, as  a  part  of  the  judgment  entered  upon  the 
record  of  the  court  Irying  the  case,  that  the  license 
of  such  phj'sician  or  surgeon  to  practice  medicine  or 
surgery  in  this  Commonwealth  be  canceled,  and  the 
license  so  canceled  shall  never  be  renewred  in  this  Com- 
monwealth. 

5.  The  person  selling  the  patient  and  guilty 
of  the  offense  under  section  2618a-l  of  this  act 
shall  not  be  deemed  an  accomplice  of  the  physician, 
surgeon  or  other  person  wTho  buys  such  patient,  as  pro- 
vided in  section  2618a-3  thereof,  and  may  be  com- 
pelled, as  a  witness,  to  disclose  all  the  facts  relative 
to  such  selling  of  the  patient  by  him  and  the  purchase 
thereof  by  the  physician  or  other  person  under  sec- 
tion 2  hereof,  but  no  such  testimony  given  shall  be  used 
in  any  prosecution  against  the  person  so  testifying, 
and  he  shall  stand  discharged  of  any  act  so  disclosed 
by  his  testimony. 


Bureau    of 

Vital 

Statistics. 


THE  VITAL  STATISTICS  LAW. 

Section  2062a,  Kentucky  Statutes,  Vol.  1,  p.  1074. 

Sec.  2062a.  1.  That  it  shall  be  the  duty  of  the 
State  Board  of  Health  to  have  charge  of  the  State 
system  of  registration  of  births  and  deaths;  to  pre- 
pare the  necessary  methods,  forms  and  blanks  for  ob- 
taining and  preserving  such  records  and  to  insure  the 
faithful  registration  of  the  same,  in  towns,  cities,  coun- 


HEALTH  LAWS  OF  KENTUCKY 


97 


ties,  and  in  the  Bureau  of  Vital  Statistics.  The  said 
board  shall  be  charged  with  the  uniform  and  thor- 
ough enforcement  of  the  law  throughout  the  State, 
and  shall,  from  time  to  time,  recommend  any  additional 
forms  and  amendments  that  may  be  necessary  for 
this  purpose. 

2.  That  the  state  board  of  health  shall  have 
general  supervision  over  the  Bureau  of  Vital  Sta- 
ts, which  ifl  hereby  authorized  to  be  established  by 
said  board,  and  which  shall  be  under  the  immediate 
direction  of  the  State  Registrar  of  Vital  Statistics, 
whom  the  state  board  of  health  shall  appoint  within 
thirty  days  after  the  taking  effect  of  this  law,  and  who 
shall  be  a  competent  vital  statistician.  The  term  of 
appointment  of  State  Registrar  of  Vital  Statistics  shall 
be  four  years,  beginning  with  the  first  day  of  January 
<>f  the  year  in  which  this  act  shall  take  effect,  and 
any  vacancy  occurring  in  the  office  of  State  Registrar 
of  Vital  Statistics  shall  be  filled  by  appointment  of 
the  state  board  of  health.  The  State  Registrar  of 
Vital  Statistics  shall  receive  an  annual  salary  not  to 
exceed  twenty  live  hundred  dollars,  which  sum  shall 
be  paid  by  the  state  board  of  health  out  of  the  an- 
nual allowance  made  to  it  by  the  state.  The  state 
board  of  health  shall  provide  for  such  clerical  and 
other  assistance  as  may  be  necessary  for  the  purposes 
of  this  act,  and  may  fix  the  compensation  of  persons 
employed,  within  the  amount  appropriated  for 
said  hoard  by  the  legislature.  Suitable  apartments 
shall  be  provided  Pox  the  State  Bureau  of  Vital  Statis- 
tics, which  shall  be  properly  equipped  with  fire-proof 
vault  and  filing  cases  for  the  permanent  and  safe 
preservation  of  all  official  records  made  and  returned 
under  this  act.  The  State  Registrar  shall  file  duplicates 
of  all  returns  made  to  him  from  each  county  with  the 
county  clerk  thereof  upon  notice  that  a  fire  proof 
vault  and  filing  cases  for  their  permanenl  preserva- 
tion have  been  provided  by  the  fiscal  officials  of  such 
county. 


State  Reg- 
istrar. 
Term. 

Salary. 


H.   L.— 4 


9S 


HEALTH  LAWS  OF  KENTUCKY 


State  to  be 
divided  into 
districts. 


Local    reg- 
istrars. 
Deputy. 


Appoint- 
ment and 
duties. 


3.  That  for  the  purposes  of  this  act  the 
State  shall  be  divided  into  registration  districts  as 
follows:  Each  city  and  incorporated  town  shall  con- 
stitute a  primary  registration  district;  and  for  that 
portion  of  each  county  outside  of  the  cities  and  incor- 
porated towns  therein,  the  State  Board  of  Healh  shall 
define  and  designate  the  boundaries  of  a  sufficient 
number  of  rural  registration  districts,  which  it  may 
change  from  time  to  time  as  may  be  necessary  for 
convenience  and  completeness  of  registration. 

4.  That  within  ninety  days  after  the  tak- 
ing effect  of  this  act,  or  as  soon  thereafter  as  possible, 
the  slate  board  of  health  shall  appoint  a  local  reg- 
istrar, deputy  registrar,  or  both,  of  vital  statistics  for 
each  registration  district  in  the  State,  excepting  such 
cities  or  towns  or  registration  districts  as  are  otherwise 
provided  for. 

The  sard  board  may,  at  its  discretion,  appoint  as 
local  registrar  or  deputy  registrar,  any  registration 
official  under  this  act,  undertaker  or  person  or  per- 
sons who  furnish  coffins,  who  shall  serve  for  the  dis- 
trict or  districts  as  designated  by  said  board,  any 
county  or  city  official  who  shall  serve,  ex-officio,  as 
the  local  or  deputy  registrar  of  the  registration  district 
or  districts  for  which  he  is  appointed. 

The  term  of  the  office  of  local  and  deputy  regis- 
trars, appointed  by  said  board,  shall  be  for  four  years 
beginning  with  the  first  day  in  January  of  the  year  in 
which  this  act  shall  take  effect,  and  their  successors 
shall  be  appointed  at  least  ten  days  before  the  ex- 
piration of  their  term  of  office. 

Any  local  or  deputy  registrar,  appointed  by  said 
board,  who  fails  or  neglects  to  efficiently  discharge 
the  duties  of  his  office  as  laid  down  in  this  act,  or  who 
fails  to  make  prompt  and  complete  returns  of  births 
and  deaths  as  required  hereby,  shall  be  forthwith  re- 
moved from  his  office  by  the  state  board  of  health  and 
his  successor  appointed,  in  addition  to  any  other 
penalties  that  may  be  imposed,  under  other  sections 
of  this  act,  for  failure  or  neglect  to  perform  his  duty. 


HEALTH  LAWS  OF  KENTUCKY  99 

Each  local  registrar,  appointed  by  said  board,  shall 
immediately  appoint  one  or  more  deputies,  whose  duty 
it  shall  be  to  act  in  his  stead  in  case  of  absence,  illness 
or  disability,  and  who  shall  accept  such  appointment 
in  writing,  which  shall  be  filed  in  the  office  of  the  State 
Registrar,  and  who  shall  be  subject  to  all  rules  and 
regulations  governing  the  action  of  local  registrars; 
provided,  that  in  cities  or  towns  where  health  officers^ 
or  secretaries  of  local  boards  of  health,  or  other  of- 
ficials, at  the  date  of  this  act,  are  officiating  as  reg- 
istrars of  births  and  deaths  under  local  ordinances 
to  the  satisfaction  of  the  State  Registrar,  such  officers 
shall  be  continued  as  registrars  in  and  for  such  cities 
and  towns,  but  shall  be  subject  to  the  rules  and  reg- 
ulations of  the  state  board  of  health,  and  to  all  the 
provisions  of  this  act. 

That  it  shall  be  the  duty  of  any  deputy  registrar 
appointed  under  the  provisions  of  this  act  to  report 
promptly  any  certificates  of  births  or  deaths,  to  the 
local  registrar  of  the  district  in  which  the  birth  or 
death  occurred;  and  that  it  shall  be  unlawful  for  any 
local  or  deputy  registrar,  sexton,  physician  or  under- 
taker to  charge  a  fee  to  any  member  of  a  family  in 
which  a  death  has  occurred,  for  complying  with  any 
of  the  provisions  of  this  act. 

5.     That   the   body    of    any    person    whose  death    of s§ead  °n 
occurs  in  the  State  shall  not    be    interred,    deposited    ivVmus. 
in   a   vault   or  tomb,   en-mated  or  otherwise   disposed   fuied. ca 
of,  or  removed  from  or  into  any  registration  district 
until  a  permit  for  burial,  removal  or  other  disposition 
shall  have  been  promptly  issued  by  the  registrar  of  the 
registration   district    in   which   the  death  occurs.    And 
no  such  burial  or  removal  permit  shall   he   issued  by 
any  repris'rar  until  a  complete  and  satisfactory  certi- 
ficate and  return  of  the  death  has  been  filed  with  him 
as  hereinafter  provided:  Provided,  that  a  transit  per- 
mit lamed  in  accordance  with  the  law  and  health  reg- 
ulations of  the  place  where  the  death  occurred,  whether 
in  Kentucky  or  outside  of  the  State,  may  be  accepted 


100  HEALTH  LAWS  OF  KENTUCKY 

by  the  local  registrar  of  the  district  where  the  body  is 
to  be  interred  or  otherwise  finally  disposed  of,  as  a 
basis  upon  which  he  shall  issue  a  local  burial  permit; 
in  the  same  way  as  if  the  death  occurred  in  his  district, 
but  shall  plainly  enter  on  the  face  of  the  copy  of  the 
record  which  he  shall  make  for  the  return  to  the  State 
Registrar  the  fact  that  it  was  a  body  shipped  in  for 
interment  and  give  the  actual  place  of  death.  But 
when  a  body  is  removed  from  a  district  in  Kentucky 
to  another  district,  the  registrar's  burial  or  removal 
permit  from  the  district  where  the  death  occurred 
may  be  accepted  as  authority  for  burial  at  the  point 
of  destination:  Provided,  however,  that  in  the  event 
that  the  death  of  a  person  occurs  outside  of  the  cities 
and  incorporated  towns,  nothing  in  this  act  shall  be 
construed  to  delay,  beyond  a  reasonable  time,  the  in- 
terment or  other  disposition  of  a  body  unless  the  serv- 
ices of  the  coroner  or  the  health  officer  are  required, 
as  prescribed  by  law,  or  the  state  board  of  health 
shall  deem  it  necessary  for  the  protection  of  the  public 
health.  And  it  shall  be  the  duty  of  the  undertaker  or 
person  acting  as  such  to  file  with  the  local  registrar 
or  deputy  registrar,  prior  to  the  interment,  a  pro- 
visional certificate  of  death  which  shall  contain  the 
name,  date  and  place  of  death  of  the  deceased  and  an 
agreement  to  furnish  within  five  days  a  complete  and 
satisfactory  certificate  of  death,  and  it  shall  be  the 
duty  of  the  undertaker  or  person  acting  as  such  to 
secure  a  complete  and  satisfactory  certificate  of  death 
as  provided  in  section  9  of  the  act  and  return  it  within 
five  days  from  the  date  of  burial  to  the  local  registrar 
of  the  district  in  which  the  death  occurred.  And  if 
there  be  no  undertaker,  or  person  who  acts  as  such, 
then  it  shall  be  the  duty  of  the  head  of  the  family  in 
which  the  death  occurred  to  notify,  within  five  days 
of  date  of  death,  the  local  registrar  of  the  district  in 
which  it  occurred  of  the  fact  of  the  death.  It  shall 
then  be  the  duty  of  the  local  registrar  to  procure, 
promptly,  said  certificate  of  death. 


HEALTH  LAWS  OF  KENTUCKY 


101 


6.  That  stillborn  children,  or  those  dead  at 
birth,  shall  be  registered  as  births  and  also  as  deaths, 
and  a  certificate  of  both  the  birth  and  tfye:de<it;h\  shall 
be  filed  with  the  local  registrar,  in  tin-1  usual  form 
and  manner,  the  certificate  of  birtlr  to  "contY 
place  of  the  name  of  the  child,  the  word' '"stillbirth." 
The  medical  certificate  of  the  cause  of  death  shall  be 
signed  by  the  attending  physician,  if  any:  and  shall 
state  the  cause  of  death  as  "stillborn,"  with  the  i 

of  the  stillbirth,  if  known,  whether  a  premature  birth, 
and,  if  born  prematurely,  the  period  of  uterogestation, 
in  months,  if  known;  and  a  burial  or  removal  permit 
in  usual  form  shall  be  required. 

7.  That  the  certificate  of  death  shall  be  the 
standard   form  adopted  by  the  United  States  Census 

an  for  the  collection  of  mortality  statistics. 
The  personal  and  statistical  particulars  shall  be 
authenticated  by  the  signature  of  the  informant,  who 
may  be  any  competent  person  acquainted  with    the 
facts. 

The  statement  of  facts  relating  to  the  disposition 
of  the  body,  shall  be  signed  by  the  undertaker,  or  per- 
son acting  as  such. 

The  medical  certificate  shall  be  made  and  signed 
by  the  physician,  if  any.  last  in  attendance  on  the  de- 
ll, who  shall  specify  the  time  in  attendance,  the 

time  he  ]  the  deeeased   alive,  and  the  hour  of 

the  day  at  whieh  death  occurred.  And  he  shall  further 
state  the  r;nis«'  of  death,  so  as  to  show  the  eonrse  of 
^e  or  sequence  of  causes  resulting  in  death,  giv- 
ing the  primary  cause,  and  also  the  contributory 
causes,  if  any,  and  the  duration  of  each.  Indefinite  and 
unsatisfactory  terms  indicating  only  symptoms  of  dis- 
ease or  conditions  result  in?  from  disease,  will  not  be 
held  sufficient  for  issuing  a  burial  or  removal  per- 
mit; and  any  certificate  not  containing  such  terms  as 
defined  by  the  State  R  •  shall  be  returned  to  the 

physician  for  correction  and  definition.  Cause  of  death, 
which  may  be  the  result  of  either  disease  or  violence, 


Birth  and 

death   of 

stillborn 
children 
.   be 
'registered. 


Certificate 
of  death. 
Form   of. 


Wh.it     facta 
to  state. 


102 


HEALTH  LAWS  OF  KENTUCKY 


Death   with- 
out   physi- 
cian in  at- 
tendance. 


Duties  of 
under- 
takers. 


shall  be  carefully  defined;  and,  if  from  violence,  its 
nature  shall  be  stated  and  whether  (probably)  acci- 
dental, Fiiicjdal  or  homicidal.  And  in  case  of  deaths  in 
hospitals,  institutions  or  away  from  home,  the  phy- 
sic ia  a  .shall  .furnish  the  information  required  under 
this  head,  and  shall  state  where,  in  his  opinion,  the 
disease  was  contracted. 

8.  That  in  case  of  any  death  occurring  with- 
out a  physician  in  attendance,  it  shall  be  the  duty 
of  the  undertaker  to  notify  the  registrar  of  such  death, 
and  when  so  notified  the  registrar  shall  inform  the 
local  health  officer,  and  refer  the  case  to  him  for  im- 
mediate investigation  and  certification,  prior  to  issu- 
ing the  permit:  Provided,  that  if  the  circumstances 
of  the  case  render  it  probable  that  the  death  was 
caused  by  unlawful  or  suspicious  means,  the  registrar 
shall  then  refer  the  case  to  the  coroner  for  his  inves- 
tigation and  certification.  And  any  coroner  whose  duty 
it  is  to  hold  an  inquest  on  the  body  of  any  deceased 
person,  and  to  make  the  certificates  of  death  required 
for  a  burial  permit,  shall  state  in  his  certificate  the 
nature  of  the  disease,  or  the  manner  of  death ;  and,  if 
from  external  causes  of  violence,  whether  (probably) 
accidental,  suicidal  or  homicidal,  and  shall,  in  either 
case,  furnish  such  information  as  may  be  required  by 
the  State  Registrar  to  properly  classify  the  death. 

9.  That  the  undertaker,  or  person  acting  as 
undertaker,  shall  be  responsible  for  obtaining  and 
filing  the  certificate  of  death  with  the  registrar,  and 
securing  a  burial  or  removal  permit,  prior  to  any  dis- 
position of  the  body.  He  shall  obtain  the  personal  and 
statistical  particulars  required  from  the  person  best 
qualified  to  supply  them,  over  the  signature  and  ad- 
dress of  his  informant.  He  shall  then  present  the  cer- 
tificate to  the  attending  physician,  if  any,  or  to  the 
health  officer  or  coroner,  as  directed  by  the  registrar, 
for  the  medical  certificate  of  the  cause  of  death  and 
other  particulars  necessary  to  complete  the  record,  as 
specified  in  section  eight.   And  he  shall  then  state  the 


HEALTH  LAWS  OF  KENTUCKY 


103 


facts  required  relative  to  the  date  and  place  of  burial, 
over  his  signature  and  with  his  address,  and  present 
the  completed  certificate  to  the  registrar  within  the 
time  limit,  if  any,  designated  by  the  local  board  of 
health  for  the  issuance  of  a  burial  or  removal  permit. 
The  undertaker  shall  deliver  the  burial  permit  to  the 
irson  in  charge  of  the  place  of  burial,  be- 
fore interring  the  body;  or  shall  attach  the  transit 
permit,  containing  the  registrar's  removal  permit,  to 
the  1>'  aining  t  he  corpse,  when  shipped  by  any 

transportation  company;  said  permit   to  accompany 
torpse  to  its  destination,  where,  if  within  the  State 
of  Kentucky,  it  shall  be  taken  up  by  the  Local  reg- 
the  district   in   which  interment   is  made,  who 
shall  issue  a  burial   permit   thereon. 

in.    That    if    the    interment,    or    other    disposi- 
tion of  the  body,  IS  tO  be  made  within  the  State,  the 
wording  of  the  burial  permit  may  be  limited  to  a  state- 
ment by  the  registrar,  and  over  his  signature,  thai  a 
of  death  having  been  filed  with 
him.  as  required  by  law,  permission  is  granted  to  inter, 
dispose  of  the  deceased;  stating 
e,  age,  sex,  cause  of  death,  ami  other  w 

ila  upon  the  form  prescribed  by  the  State 
'•- 
11.    That  do  sexton,  or  person  in  charge  of  any 
in  which  interments  are  made,  or  the  owner 

'Witaining  a  private  .  shall   inter. 

or  permit  the  intern  other  disposition  of  any 

body,  unless  it  is  accompanied  by  a  burial  removal 
or  transit  permit,  as  herein  provided.    And  each 
ton,  <>]•  person  in  charge  of  any  burial  ground,  or  the 

owner  of  premises  containing    a    privat metery, 

shall  endorse  upon  the  permit  the  date  of  interment, 
over  his  signature,  and  shall  return  all  permits  so  in- 
d   to  the  local  r  of  his  district,  within 

ten  days  from  the  date  of  interment,  or  within  the 
time  fix.-d  by  the  local  board  of  health.   II<>  shall  also 
ecord  of  all  interments  mad.-  in  the  premises 


Burial 
permit. 


s    Of 

persons   in 
•»;  of 
burial 
ground  s. 


104 


HEALTH  LAWS  OF  KENTUCKY 


Births  to  be 
registered. 


Certificate 
of    birth. 


Form  of 
certificate. 


Supple- 
mental   re- 
port of 
birth. 


under  his  charge,  stating  the  name  of  the  deceased 
person,  place  of  death,  date  of  burial,  and  name  and 
address  of  the  undertaker;  which  record  shall  at  all 
times  be  open  to  public  inspection. 

12.  That  all  births  that  occur  in  the  State  shall 
be  immediately  registered  in  the  districts  in  which  they 
occur,  as  hereinafter  provided. 

13.  That  it  shall  be  the  duty  of  the  attend- 
ing plvysician  or  midwife  to  file  a  certificate  of  birth 
properly  and  completely  filled  out,  giving  all  the  par- 
ticulars required  by  this  act,  with  the  local  registrar 
of  the  district  in  which  the  birth  occurred,  within  ten 
clays  after  the  date  of  birth.  And  if  there  be  no  at- 
tending physician  or  midwife,  then  it  shall  be  the 
duty  of  the  father  or  mother  of  the  child,  householder 
or  owner  of  the  premises,  manager  or  superintendent 
of  public  or  private  institution,  in  which  the  birth 
occurred,  to  notify  the  local  registrar,  within  ten  days 
after  birth,  of  the  fact  of  such  a  birth  having  occurred. 
It  shall  then,  in  such  case,  be  the  duty  of  the  local 
registrar  to  secure  the  necessary  information  and 
signature  to  make  a  proper  certificate  of  birth. 

14.  That  the  certificate  of  birth  shall  be  the 
standard  form  adopted  by  the  United  States  Census 
Bureau.  This  certificate  shall  be  signed  by  the  attend- 
ing physician  or  midwife,  with  date  of  signature  and 
address ;  if  there  be  no  physician  or  midwife  in  attend- 
ance, then  the  father  or  mother  of  the  child,  house- 
holder or  owner  of  the  premises,  or  manager  or  super- 
intendent of  public  or  private  institution,  whose  duty 
it  shall  become  to  notify  the  local  registrar  of  such  a 
birth,  as  required  by  section  thirteen  of  this  act.  All 
certificates,  either  of  birth  or  death,  shall  be  written 
legibly  in  unfading  ink;  and  no  certificate  shall  be 
held  to  be  complete  and  correct  that  does  not  supply 
all  the  items  of  information  called  for  therein,  or  sat- 
isfactorily account  for  their  omission. 

15.  That  when  any  certificate  of  birth  of  a  liv- 
ing child  is  presented  without  statement  of  the  given 


HEALTH  LAWS  OF  KENTUCKY 


105 


name,  then  the  local  registrar  shall  make  out  and  de- 
liver to  the  parents,  attending  physician  or  midwife,  a 
special  blank  for  the  supplemental  report  of  the  name 
of  the  child,  which  shall  be  filled  out  as  directed,  and 
returned  to  the  registrar  as  soon  as  the  child  shall  be 
named. 

16.  That  every  physician,  midwife,  and  under- 
taker shall,  without  delay,  register  his  or  her  name, 
address  and  occupation  with  the  local  registrar  of  the 
district  in  which  he  or  she  resides  or  may  hereafter 
establish  a  residence  and  shall  thereupon  be  supplied 
by  the  local  registrar  with  a  copy  of  this  act,  together 
with  such  rules  and  regulations  as  may  be  prepared  by 
the  State  Registrar  relative  to  its  enforcement.  AY i th- 
in thirty  days  after  the  close  of  each  calendar  year, 
each  local  registrar  shall  make  a  return  to  the  State 
Registrar  of  all  physicians  and  midwives  who  have 
been  registered  in  Iris  district  during  the  whole  or  any 

of  the  preceding  calendar  year:  Provided,  that 
no  fee  or  other  compensation  shall  be  charged  by  local 
registrars  to  physicians,  midwives  or  undertakers  for 
registering  their  names  under  this  section,  or  making 
returns  thereof  to  the  State  Registrar. 

17.  That  all  superintendents  or  managers, or  other 
persons  in  charge  of  hospitals,  almshouses,  lying-in  or 
other  institutions,  public  or  private,  to  which  persons 
resort  for  treatment  of  diseases,  confinement,  or  are 
committed  by  process  of  law,  are  hereby  required  to 
make  a  record  of  all  of  the  personal  and  statistical  par- 
ticula  tive  to  the  inmates  iii  their  institutions  at 
the  date  of  approval  of  this  act  that  are  required  in 
the  form  of  the  certificate  provided  for  by  this  act,  as 

by  the  state  Registrar;  and  th<  such 

record  shall  be  by  them  made  for  all  future  inmates 
•'  their  admission.  And  in  case  of  persons 
admitted  or  committed  for  medical  treatment  of  dis- 
ease, the  physician  in  charge  shall  specify,  for  entry  in 
the  record,  the  name  of  the  disease,  and  where,  in  his 


Physicians, 
midwives 
and    under- 
takera  must 
register. 


i  <ls. 
What     must 
he     k(>pt. 

By   whom 
kept. 


106 


HEALTH  LAWS  OP  KENTUCKY 


Blanks 
furnished 
by  board. 
Duties  of 
Sfp'*    Reg- 
istrar. 


opinion,  it  was  contracted.  The  personal  particulars 
and  information  required  by  this  section  shall  be  ob- 
tained from  the  individual  himself,  if  it  is  practicable 
to  do  so ;  and  when  they  cannot  be  obtained,  they 
shall  be  secured  in  as  complete  a  manner  as  possible 
from  the  relatives,  friends,  attending  physicians  and 
midwives. 

18.  That  the  state  board  of  health  shall  pre- 
pare, print  and  supply  to  all  registrars  suitable  blanks 
and  forms  used  in  registering,  recording  and  preserv- 
ing the  returns  or  in  otherwise  carrying  out  the  pur- 
poses of  this  act ;  and  shall  prepare  and  issue  such  de- 
tailed instructions  as  may  be  required  to  secure  the 
uniform  observance  of  its  provisions  and  the  mainte- 
nance of  a  perfect  system  of  registration.  And  no  other 
blanks  shall  be  used  than  those  supplied  by  the  state 
board  of  health.  The  State  Registrar  shall  carefully 
examine  the  certificates  received  monthly  from  the 
local  registrars,  and  if  any  such  are  incomplete  or  un- 
satisfactory, he  shall  require  such  further  information 
to  be  furnished  as  may  be  necessary  to  make  the  rec- 
ord complete  and  satisfactory.  And  all  physicians, 
midwives,  or  undertakers,  connected  with  any  case, 
are  hereby  required  to  furnish  such  information  as 
they  may  possess  regarding  any  birth  or  death,  upon 
demand  of  the  State  Registrar  in  person,  by  mail,  or 
through  the  local  registrar.  He  shall,  further,  arrange, 
bind,  and  permanently  preserve  the  certificates  in  a 
systematic  manner,  and  shall  prepare  and  maintain  a 
comprehensive  and  continuous  card-index  of  all  births, 
sickness  and  deaths  registered;  the  cards  to  show  the 
name  of  child,  deceased,  place  and  date  of  birth,  sick- 
ness or  death,  number  of  certificate,  and  the  volume 
in  which  it  is  contained.  He  shall  inform  all  registrars 
what  diseases  are  to  be  considered  as  infectious,  con- 
tagious, or  communicable  and  dangerous  to  the  pub- 
lic health,  as  decided  by  the  state  board  of  health,  in 
order  that,  when  sickness  and  deaths  occur  from  such 


HEALTH  LAWS  OF  KENTUCKY  107 

uses,  proper  precautions  may  be  taken  to  prevent 
the  spreading  of  dangerous  diseases. 

19.     That  it  shall  be  the  duty  of  the  local  regis-    Blanks. 

*  °  Duties  of 

trar  to  supply  blank  forms  of  certificates  to  such  per-    [JJJ*  ™gia- 
-  .is  require  them.    And  he  shall  carefully  examine 
I  certificate  of  birth  or  death  when  presented  for 
>rd,  to  >  ;ade  out  in  accordance 

with  the  provisions  of  this  act  and  the  instructions  of 
the  State  Registrar,  and  if  any  certificate  of  death  is 
incomplete  or  unsatisfactory,  it  shall  be  his  duty  to 
call  d  to  the  defects  in  the  return,  and  to  with- 

hold issu  burial  or  removal  permit  until  they  are 

corrected.    If  the  crtificate  of  death  is  properly  ex- 

188U6   8    burial   or 

be  undertaker :    Provided,  that  In 
case  :i  Borne  <■  bal  is  beld 

by  •  e  board  alth  to  b  tious,  con- 

.  or  conimii!,  and  dang  o  the  pub- 

it   lor  the  removal  or  other  dis- 
position <>\'  |  shall  be  granl  <l  by  the  registrar 
■p:   under  such  conditions  as  may  be  prescribed 
I  local  boards  of  health.  If  a  certificate 
of  birth            niplete,  he  shall  immediately  notify  the 
at,  and  r  him  to  supply  the  missing  items 
be  obtained.    He  shall  then  number  con- 
!y  the  e  birth  and  of  death  in  two 
ith  "number  one"  \'>>v  the 
birth  and  the                th  in  each  calendar  year, 
and  sign  hi  «1   of  the  date 
I  in  his  office.   He  shall  also  ma  unplete 
and  accurate  co             ich  birth  and  death  certifies 

3  him,  upon  ;i  form  identical  with  th< 

inal  certificate,  to  be  filed  and  permanently  preserved 

in  his  office  local  record  of  such  death,  in  such 

I  by  the  State  li  gistrar.   'And  he 

!.  on  the  tenth  day  of  each  month,  transmil  to  the 

rar  all  original  certificates  registered  by 

him  during  it.   And  if  no  births  or 


108 


HEALTH  LAWS  OF  KENTUCKY 


Compensa- 
tion of  local 
registrar, 
physician 
and   mid- 
wife. 


Duties  of 
State    Reg- 
istrar. 


no  deaths  occurred  m  any  month,  he  shall,  on  the 
tenth  day  of  the  following  month,  report  that  fact  to 
the  State  Registrar,  on  a  card  provided  for  this  pur- 
pose. 

20.  That  each  local  registrar,  physician  or  regis- 
tered midwife  shall  be  entitled  to  be  paid  the  sum  of 
twenty-five  cents  respectively  for  each  birth  and  each 
death  certificate  properly  and  completely  made  out 
and  registered  with  or  reported  by  him,  and  correctly 
copied  and  duly  returned  to  the  State  Registrar,  as 
required  by  this  act.  And  in  case  no  births  or  no 
deaths  were  registered  during  any  month,  the  local 
registrar  shall  be  entitled  to  be  paid  the  sum  of  twenty- 
five  cents  for  each  report,  to  that  effect,  promptly  made 
in  accordance  with  this  act.  All  amounts  payable  to 
registrars,  physicians  or  midwives  under  provisions 
of  this  section  shall  be  paid  by  the  treasurer  of  the 
county  in  which  the  registration  districts  are  located, 
upon  certification  by  the  State  Registrar.  And  the 
State  Registrar  shall  annually  certify  to  the  treasurers 
of  the  several  counties  the  number  of  births  and  deaths 
registered,  with  the  names  of  the  local  registrars,  and 
the  amounts  due  each  at  the  rates  fixed  herein. 

21.  That  the  State  Registrar  shall,  upon  request, 
furnish  any  applicant  a  certified  copy  of  the  record 
of  an}*  birth,  sickness  or  death  registered  under  pro- 
visions of  this  act,  for  the  making  and  certification  of 
which  he  shall  be  entitled  to  a  fee  of  fifty  cents,  to 
be  paid  by  the  applicant.  And  any  such  copy  of  the 
record  of  a  birth,  sickness,  or  death,  when  properly 
certified  by  the  State  Registrar  to  be  a  true  copy  there- 
of, shall  be  prima  facie  evidence  in  all  courts  and  places 
of  the  facts  therein  stated.  For  any  search  of  the  files 
and  records  when  no  certificate  copy  is  made,  the 
State  Registrar  shall  be  entitled  to  a  fee  of  fifty  cents 
for  each  hour  or  fractional  hour  of  time  of  search, 
to  be  paid  by  the  applicant.  And  the  State  Registrar 
shall  keep  a  true  and  correct  account  of  all  fees  by  him 


HEALTH  LAWS  OF  KENTUCKY  109 

received  under  these  provisions,  and  turn  the  same 
over  to  the  State  Treasurer:  Provided,  that  in  cities 
of  the  first  class,' certified  copies  of  any  birth  or  death 
may  be  furnished  by  the  local  health  authorities.  The 
fee  for  such  copy  or  search  of  record  to  be  the  same  as 
herein  provided,  and  all  such  fees  shall  be  paid  in 
to  the  treasurer  of  said  cities. 

22.     Thai  if  any  physician,  who  was  in  medical    Penalties, 
attendance  upon  any  deceased  person  at  the  time  of 
death  shall  neglect  or  refuse  to  make  out  and  delivei 
to  the  undertaker  or  sexton,  or  other  person  in  charge 
of  the  interment,  removal  or  other  disposition  of  the 

Lica]  (    rtificate  of  cause  of 
1   i'or,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  fined  not  less  than  five  dollars  nor  more  than 
dollars.    And    if  any   physician   shall   knowingly 
make  a  false  cert  I  of  the  cause  of  death,  in  any 

case,  he  shall  be  I  guilty  of  a  misdemeanor,  and, 

upon  conviction  thereof,  shall  be  fined  not  less  than 
more  than  two  hundred  dollars. 
•     And  any  physician  or  midwife,  in  attendance  upon 
a  case  of  conlin-  any  other  person  charged  with 

porting  births,  in  the  order  named 
t,  who  shall  neglect  or  re- 
e  to  file  a  proper  certificate  of  birth  with  the  local 
ir,  within  the  time  required  by  this  act,  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof,  shall  be  fined  not  Less  than  five  dollars 
nor  more  than  fifty  dollars. 

And  if  any  undertaker,  sexton,  or  other  person  act- 
ing SS  undertaker,  shall  inter,  remove,  or  otherwise 
disj  the  body  of  any  deceased  person,  without 

having  received  a  burial  or  removal  permit  as  herein 
provided,  ho  shall  be  deemed  guilty  of  a  misdemeanor 
and.  upon  conviction  thereof,  shall  be  fined  not  less 
than  twenty  dollars  nor  more  than  one  hundred  dollars. 
And  any  registrar,  deputy  registrar,  or  sub-reg- 
istrar  who  shall  negleel  or  fail  to  enforce  the  provisions 


110  HEALTH  LAWS  OF  KENTUCKY 

of  this  act  in  his  district,  or  shall  neglect  or  refuse  to 
perform  any  of  the  duties  imposed  upon  him  by  this 
act  or  by  the  instructions  and  directions  of  the  State 
Registrar,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars. 

And  any  person  who  shall  wilfully  alter  any  cer- 
tificates of  birth  or  death,  or  the  copy  of  any  certi- 
ficate of  birth  or  death,  on  file  in  the  office  of  the  local 
registrar,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars, 
or  be  imprisoned  in  the  county  jail  not  exceeding  sixty 
days,  or  suffer  both  fine  and  imprisonment,  in  the  dis- 
cretion of  the  court. 

And  any  other  person  or  persons  who  shall  vio- 
late any  of  the  provisions  of  this  act,  or  shall  wilfully 
neglect  or  refuse  to  perform  any  duties  imposed  upon 
them  by  the  provisions  of  this  act,  or  shall  furnish 
false  information  to  a  physician,  undertaker,  midwife, 
or  informant,  for  the  purpose  of  making  incorrect  cer- 
tification of  births  or  deaths,  shall  be  deemed  guilty  of 
a  misdemeanor,  and,  upon  conviction  therof,  shall  be 
fined  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars. 

And  any  transportation  company  or  common 
carrier  transporting  or  carrying,  or  accepting  through 
its  agents  or  employes  for  transportation  or  carriage, 
the  body  of  any  deceased  person,  without  an  accom- 
panying permit  issued  in  accordance  with  the  pro- 
visions of  this  act,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction  thereof,  shall  be  fined 
not  less  than  fifty  dollars  nor  more  than  two  hundred 
dollars:  Provided,  that  in  case  the  death  occurred 
outside  of  the  State,  and  the  body  is  accompanied  by 
a  certificate  of  death,  burial  or  removal  or  transit  per- 
mit issued  in  accordance  with  the  law  or  board  of 
health  regulations  in  force  where  the  death  occurred, 
such  death  certificate,  burial  or  removal  or  transit  per- 


HEALTH  LAWS  OF  KENTUCKY 


111 


Reports  by 
local  regis- 
trars. 


Privileged 
communica- 
tions. 


mit,  may  be  held  to  authorize  the  transportation  or 
carriage  of  the  body  into  or  through  the  State. 

23.  That  local  registrars  are  hereby  charged  with 
the  strict  and  thorough  enforcement  of  the  provisions 
of  this  act  in  their  districts,  under  the  supervision  and 
direction  of  the  State  Registrar.  And  they  shall  make 
an  immediate  report  to  the  State  Registrar  of  any 
violations  of  this  law,  coming  to  their  notice  by  ob- 
servation or  upon  complaint  of  any  person,  or  other- 
The  State  Registrar  is  hereby  charged  with  the 
thorough  and  efficient  execution  of  the  provisions  of 
this  act  in  every  part  of  the  State,  and  with  super- 
power  over  local  registrars,  to  the  end  that 
all  of  the  requirements  shall  be  uniformly  complied 
with.  He  shall  have  authority  to  investigate  cases  of 
irregularity  or  violation  of  law,  personally  or  by  ac- 
credits! representative,  and  all  registrars  shall  aid 
him.  upon  request,  in  such  investigation.  When  he 
shall  deem  it  necessary  he  shall  report  cases  of  viola 
tion  of  any  of  the  provisions  of  this  act  to  the  pros- 
ecuting attorney  or  official  of  the  proper  county  or 
municipality,  with  a  statement  of  the  facts  and  cir- 
i -nmstances;  and  when  any  such  case  is  reported  to 
them  by  the  State  Registrar,  all  prosecuting  attorneys 
or  officials  acting  in  such  capacity  shall  forthwith  in- 
itiate and  promptly  follow  up  the  necessary  court  pro- 
ceedings against  the  parties  responsible  for  the  alleged 
violations  of  law.  And  upon  request  of  the  State  Reg- 
istrar, the  district  attorney  shall  likewise  assist  in  the 
enforcement  of  the  provisions  of  this  act. 

24.  For  the  purposes  of  this  act,  and  all  other 
matters,  the  confidential  relations  and  communications 
between  physician  and  patient  are  placed  upon  the 
same  basis  as  those  provided  by  law  between  attorney 
and  client,  and  nothing  in  this  act  shall  be  so  con- 
strued as  to  require  any  such  privileged  communi- 
on to  h<i  disclosed. 


112 


HEALTH  LAWS  OF  KENTUCKY 


Repealing 
clause. 


25.  That  Chapter  83,  Kentucky  Statutes,  and  all 
other  laws  and  parts  of  laws  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 


Organiza- 
tions   en- 
titled  to 
State  aid  in 
paying   for 
visiting 
nurse's     ■ 
services. 


R?gistered 
nurse  may 
be  em- 
ployed. 
Duties    and 
renorts   of 
nurse. 


Qualifica- 
tions of 
nurse. 


PUBLIC  HEALTH  NURSE  ACT. 
Chapter  51,  p.  148,  Acts  of  1918. 

An  act  relating  to  public  health;  to  provide  State 
aid  to  any  county,  tuberculosis  district,  or  public  or 
private  organization  not  operated  for  profit,  which 
shall  employ  a  visiting  nurse  for  the  cure  and  preven- 
tion of  tuberculosis  and  other  diseases  and  to  render 
aid  in  times  of  war  or  emergency  to  the  sick,  afflicted, 
injured  or  distressed  from  any  cause,  under  the  su- 
pervision and  direction  of  the  state  board  of  health. 

Sec.  4711c-l.  Any  county,  tuberculosis  district, 
or  other  organization  not  operated  for  profit,  which 
shall  employ  a  visiting  nurse  for  the  cure  and  preven- 
tion of  tuberculosis  and  other  diseases  in  any  county  or 
counties  of  this  Commonwealth,  shall  be  entitled  to 
receive  State  aid  in  providing  compensation  for  such 
nurse,  in  accordance  with  the  provisions  of  this  act. 

2.  The  fiscal  court  of  any  county,  or  the  district 
board  of  trustees  of  any  tuberculosis  district,  or  any 
organization  not  operated  for  profit,  is  authorized  and 
empowered  to  employ  a  registered  nurse,  whose 
duties  shall  be  as  follows:  To  'give  instructions  to 
tuberculosis  patients  and  others  relating  to  hygenic 
measures  to  be  observed  in*  preventing  the  spread 
of  tuberculosis  and  other  diseases;  to  aid  in  making 
reports  of  existing  cases  of  tuberculosis  and  other 
diseases ;  to  act  as  visiting  nurse  throughout  the  county 
or  the  tuberculosis  district,  and  to  perform  such 
other  duties  as  a  nurse  and  hygienic  expert  as  may 
be  assigned  to  her  by  the  fiscal  court  or  the  tuber- 
culosis district  board  of  trustees,  or  other  organization 
employing  her.  Such  visiting  nurse  shall,  at  the  end  of 
each  month,  make  a  report  in  writing  to  the  county 


HEALTH  LAWS  OF  KENTUCKY  113 

judge  of  the  county,  or  the  tuberculosis  district  board 
of  trustees,  and  to  the  State  Board  of  Health,  which 
reports  shall  show  the  visits  made  during  the  month 
then  ending  and  the  requests  made  for  her  services, 
and  such  other  information  as  may  be  required  by  the 
fiscal  court,  the  district  board  of  trustees,  or  the  State 
Board  of  Health. 

3.  Before   any   nurse   can   be   appointed   within   Jui  state*011 
the  provisions  of  this    act,  she  must  be  a  registered    Board, 

Such  nurse  shall  at  all  times  be  subject  to  I ; 
slon  of  the  state  board  of  health  under  Buch 
i  ales  and  regulations  as  said  board  shall  prescribe. 

4.  For  the  compensation  of  such  visiting  nurse,    Maximum 

amount    of 

shall  be  allowed  each  and  every  year,  and  paid    state  ap- 

propriation. 
out  of  the  State  Treasury  from  funds  not  otherwise    Not  over 

one  nurse 

appropriated,   to   every   county,   tuberculosis  district   to  each 

1  r      r  county. 

or  other    organization    employing    a    visiting    nurse 
within   the   provisions   of  this   act,   a   sum   equal    I 
one-third  of  the  money  actually  paid  to  such  nurse 
as  compensation  for  her  services;  however,  in  case 

sum  of  money  actually  paid  to  such  nurse  as  com 
ii   for  her  Bervices  i    $75;00    (seventy- 

nth,  the  amount  to  be  paid  by  the 
State  shall  not  exceed  $25.00  (twenty-five)  dollars 
per  month  for  each  nurse,  and  be  limited  to  one  visit- 

Qurse  to  each  county. 

The  money  hei  propriated  shall  be  paid  in 

regularly,  as  is  done  in  the  case  of  char- 
itable  institutions   maintained  by  the  State  of  Ken- 
tucky, upon  the  filing  of  due  proof,  of  facts  in  accord- 
e  with  the  forms  and  regulations  which  may  be 
by  the  State  Board  of  Health. 

5.  No   part  of   the   e  iation   herein   made    KSSf1**  of 

shall  be  paid  to  any  public  or  private  sanatorium 
or  organization  other  *han  that  established  by  a  tuber- 
culosis district,  until  the  sanatorium  or  organization 
t<>  which  the  payment  is  to  be  made  shall  have  exe- 


114 


HEALTH  LAWS  OP  KENTUCKY 


Bond  to  se- 
cure proper 
use  of  ap- 
propriation. 
Details  of 
bond. 

Approval   of 
State    Ex- 
aminer. 


Report  of 
Auditor. 


Books    open 
to   inspec- 
tion. 

Visitation 
by   State 
Board. 


cuted,  by  its  proper  officers,  a  bond  to  the  Common- 
wealth of  Kentucky,  with  good  and  sufficient  security, 
stipulating  and  providing  that  all  of  said  money  so 
paid  to  such  sanatorium  or  organization  shall  be  ap- 
plied to  the  payment  of  the  salary  of  the  visiting 
nurse.  There  shall  be  attached  to,  as  part  of  said 
bond,  an  attested  copy  of  the  articles  of  incorporation 
under  which  said  sanatorium  or  organization  is  estab- 
lished and  maintained,  and  further,  a  statement  under 
oath,  made  by  the  chief  officer,  and  the  treasurer  of 
said  sanatorium  or  organization,  showing  the  actual 
amount  of  money  expended  by  said  sanatorium  or 
organization  as  salary  for  the  visiting  nurse. 

Said  bond,  articles  of  incorporation  and  state- 
ment under  oath,  and  the  approval  of  the  state  board 
of  health  signed  by  its  president  and  attested  by  its 
secretary  under  seal,  shall  be  first  submitted  to  the 
State  Inspector  and  Examiner  to  examine  into  the 
verify  conditios  embraced  within  said  bond  and  state- 
ment. And  when  he  shall  have  approved  same,  and  fur- 
ther shall  have  ascertained  that  said  sanatorium  or  or- 
ganization is  not  being  operated  for  profit,  he  shall  cer- 
tify such  examination  and  approval  to  the  Auditor  of 
Public  Accounts. 

6.  Any  county,  tuberculosis  district,  sanatorium 
or  other  organization  availing  itself  of  this  act 
shall  make  an  annual  report  to  the  Auditor  of  Public 
Accounts,  showing  when,  where  and  in  what  manner 
the  money  received  by  such  county,  tuberculosis  dis- 
trict, sanatorium  or  organization  under  this  act  has 
been  applied  and  disbursed,  and  such  report  shall  be 
subscribed  by  and  sworn  to  by  the  chief  officer  of  the 
sanatorium  or  organization,  or  by  the  county  judge 
of  the  county,  or  by  the  chairman  of  the  board  of  trus- 
tees of  the  tuberculosis  district. 

7.  Any  county  tuberculosis  dstrict,  sanatorium 
or  other  organization  receiving  any  of  the  benefits 
of  this  act  shall  at  all  reasonable  times  keep  open 
for  the   inspection   of  the   State   Inspector   and  Ex- 


HEALTH  LAWS  OF  KENTUCKY 


115 


aminer  its  records  and  books  of  accounts,  and  the 
state  board  of  health,  or  their  duly  authorized  repre- 
sentative, shall  each  year  visit  such  county,  tubercu- 
losis district,  sanatorium  or  organization  is  observing 
the  provisions  of  this  act. 

8.  That  it  shall  be  the  duty  ol  any  county,  tuber- 
culosis district,  sanatorium  or  other  organization 
receiving  any  of  the  benefits  of  this  act,  when  requested 
by  the  state  board  of  health  in  times  of  war  or  emer- 
gency, to  require  such  nurse  as  may  be  employed 
under  the  provisions  of  this  act  to  perform  the  duties 
imposed  herein,  under  the  rules  and  regulations  of 
the  state  board  of  health,  and  it  shall  be  the  duty  of 
Bach  nurse  to  perform  such  duties  as  may  be  required 
by  ti  hoard  of  health,  under  its  supervision 

and  direction,  and  in  the  tnty,  tubercu- 

brict,  sanatorium  or  organisation  in  observing 
ing  any  of  the  benefits  of  this  act  shall  fail  or  refuse 
to  require  such   nurse   to   perform   the  duties  here- 
in imposed,  the  benefits  of  this  act  shall  be  withdrawn 
for  no1  Leas  than  one  nor  more  than  two  years,  in  the 
D   of  said  board,  and  if  such   nurse   fails  or 
pt  in  case  of  severe  illness  or  disability. 
to  perform  the  duties  herein   imposed,  she  shall  be 
d  without  salary  for  three  months.  Provided, 
thai   in  any  period  of  twelve  months  the  state  board 
of  health  shall  not  require  more  than  twenty  daya* 
nces  for  such  war  or  emergency  work. 


Nurse  to  act 
under  orders 
Ol    state 

i    of 
Health  in 
MUM   Ol    war 
or  eivr 
i  ncs . 
lvimlties 
for   failure 
so  to  act . 
Time   limit 
on  such  em- 
ployment. 


LAW   RELATING  TO  THE  FEEBLE-MINDED 
Chapter  54,  p.  156,  Acts  of  1918- 

1.    The  term  -  ninded    person"    means  a    Definitions. 

ion   with  b  defect  in  mental  development,  which 

is  due  to  causes  operating  at  birth,  or  at  an  early  age, 

which  ich  a  degree  that  he  is  incapable 

therefrom  of  earing  for  himself  or  managing  his  affaire 


116 


HEALTH  LAWS  OF  KENTUCKY 


and   requires   supervision,    care,    training, 


control 
welfare 


or 
ol" 


Home  and 
farm  colony 
for    feeble- 
minded. 


Objects   and 
purposes. 


custody  for  his  own  welfare  or  for  the 

others  or  the  community, 

» 

The  term  "epileptic  person"  means  a  person  who 
has  epileptic  attacks  and  is  known  to  be  losing  his 
mental  capacity  as  a  result  of  these  attacks,  and  is 
so  distinctly  enfeebled  that  he  needs  care  and  custody 
for  his  own  welfare,  or  for  the  welfare  of  others,  or 
for  the  community. 

The  term  "Board  of  Control"  means  the  State 
Board  of  Control  of  Charitable  Institutions. 

The  farm  provided  for  by  this  act  shall  be  known 
as  "The  Farm  Colony  for  the  Feeble-Minded, "  and 
the  present  institution  in  Frankfort  for  the  feeble- 
minded shall  be  known  as  "The  Training  School  for 
the  Feeble-Minded, "  and  the  colony  and  training 
school  shall  be  known  collectively  as  "The  State  In- 
stitution for  the  Feeble-Minded.' ' 

2.  There  shall  be  established  and  maintained  a 
farm  colony  for  the  feeble-minded  and  epileptic  per- 
sons to  be  located  on  land  suitable,  or  which  may  be 
made  suitable  for  farming,  stock  raising  and  fruit 
growing,  and  equipped  with  dormitories  and  other 
buildings  sufficient  to  accommodate  at  least  five  hun- 
dred inmates,  the  farm  colony  to  be  conducted  as  a 
part  of  the  training  school  and  under  the  general  sup- 
ervision of  the  superintendent  with  the  approval  of 
the  Board  of  Control.  The  farm  colony  shall  be  lo- 
cated in  the  same  county  or  in  a  county  adjoining  that 
in  which  the  training  school  is  located. 

3.  The  object  and  purpose  of  said  State  institu- 
iton  for  feeble-minded  and  epileptic  persons  shall  be 
the  mental  and  physical  training,  the  treatment  and 
custody  of  feeble-minded  and  epileptic  persons,  the 
promotion  of  their  happiness  and  well-being  and  the 
study  of  mental  deficiency ;  and  such  institutions  shall 
have  all  rights  and  powers  which  may  be  necessary  and 
proper  for  carrying  out  the  purpose  for  which  they 
are  established. 


HEALTH  LAWS  OF  KENTUCKY 


117 


4.  The  Kentucky  State  Board  of  Control  for 
Charitable  Institutions  shall  have  the  management 
and  control  of  the  State  institution  for  the  feeble-mind- 
ed and  epileptic  and  shall  appoint  the  superintendent 
for  such  institution. 

5.  The  superintendent  shall  bo  an  expert  in  the 
care  and  management  of  feeble-minded  persons,  shall 
be  a  graduate  in  medicine  and  shall  have  had  at  least 
two  years'  experience  upon  the  medical  staff  of  an  in- 
stitution devoted  to  the  care  and  treatment  of  feeble- 
minded persons.    Fitness  for  the  service  as  superin- 

enf  of  such  institution  shall  be  the  only  factor 
in  his  selection. 

6.  The  Sup*  nt  shall  reside  at  the  in- 
stituti  !1  devote  his  entire  time  to  the  con- 
duct of  its  affairs.  Subject  to  the  approval  and  di- 
rection of  the  State  Board  of  Control,  he  shall  have 

e  charge  of  the  management,  control  and  train- 
ing of  all  the  inmates  of  such  institution.    He  shall 

a  bond  to  ?  e  for  the  performance  of  his 

duly  ndent  of  snch  institution  in  such  sum 

actory  to  the 
Board  of  Control. 

7.  The  shall,  subject  to  the  ap- 
proval of  the  Board  of  ('<  ntrol,  employ  two  assistant 

teacher   and   such   other 
officers  and  omployces  as  he  may  deem  proper  and 
ieient  conduct  of  said  institution. 
tttrol  shall  have  power  to  designate 
their  titles,  fix  t!  <■.  and  prescribe  their 

.  and  all  such  app  (hall  hold  their  office 

pleasure  of  the  board.    Tl  shall 

lician  and  psychologist,  who  has 
at  least  "two  years'  experience  in  the  care  of  the 
;  and  who  Bhall  have  full  charge  under 
the  superintendent  of  the  medical  care  and  sanita- 
tion of  inmates  and  of  tl  iation  of  the  institu- 
ihall  examine  all  the  present  and  future  inmates 


Manag-e- 
nu  hi    of   in- 
stitutions. 


Superin- 
tendent. 
Quallfica- 

i  ions. 


i«nce 
at    institu- 
tion. 


Kmploy- 
ment  of 
help. 


118 


HEALTH  LAWS  OF  KENTUCKY 


Compensa- 
tion of 
superin- 
tendent. 


<  Construc- 
tion of 

building-. 
Plans   and 
material. 


and  determine  their  fitness  for  training  and  for  labor; 
and  shall  assist  the  superintendent  with  advice  as  to 
the  reception  of  inmates.  The  second  assistant  shall 
be  a  competent  farmer  who  has  had  experience  in  the 
supervision  and  employment  of  feeble-minded;  and 
who  shall  have  charge  under  the  superitendent  of  the 
farm  colony  as  herein  provided  for. 

The  principal  shall  be  a  trained  educator  with  at 
least  three  years'  experience  in  the  control  and  edu- 
cation of  the  feeble-minded,  and  said  principal  may 
be  either  a  man  or  woman.  He  shall  have  full  charge 
of  the  educational  and  industrial  employment  of  the 
inmates,  excepting  those  on  the  farm  colony;  and  the 
industrial  work  of  the  institution  so  far  as  it  is  per- 
formed by  the  inmates  shall  be  under  the  supervision 
and  direction  of  the  principal,  subject  in  all  cases,  to 
the  advice  of  the  assistant  and  supervision  and  ap- 
proval of  the  superintendent.  The  purpose  of  the  edu- 
cational training  of  the  inmates  shall  be  at  all  times  to 
promote  their  happiness  and  well-being  and  to  render 
them  capable  of  useful  labor. 

8.  The  State  Board  of  Control  shall  fix  the  com- 
pensation of  the  superintendent  whose  salary  shall  be 
not  more  than  three  thousand  dollars  ($3,000.00)  per 
year. 

9.  The  superintendent,  with  the  approval  of  the 
Board  of  Control,  shall  employ  such  architects  and 
assistants  as  may  be  necessary  in  making  the  plans 
and  constructing  the  buildings  for  said  institution,  and 
shall  arrange  for  the  purchase  of  building  material ; 
may  make  and  let  contracts  for  the  construction  of 
buildings,  or  may,  where  possible,  employ  any  avail- 
able harmless  insane  feeble-minded  from  any  of  the 
institutions  in  such  work ;  the  work  on  said  buildings 
to  begin  as  soon  as  possible.  Said  new  buildings  shall 
be  constructed  upon  the  colony  and  cottage  plan  and 
shall  provide  for  complete  separation  of  the  inmates 
according  to  color  and  sex,  and  as  far  as  practicable 


HEALTH  LAWS  OF  KENTUCKY 


119 


for  the  separation  of  the    epileptics    from    the    non- 
epileptics. 

10.  The  farm  colony  shall  be  located  upon  a  site 
duly  selected  by  the  State  Board  of  Control  and  the 
superintendent,  consisting  of  at  least  five  hundred 
(500)  acres  and  selected  with  due  regard  to  the  pur- 
poses for  which  it  is  intended ;  said  farm  to  cost  not  in 
excess  of  fifty  dollars  ($50.00)  an  acre.  But  the  board 
in  its  discretion  may  lease  a  farm  with  an  option  to 
purchase  the  same  at  a  specified  price. 

11.  The  University  of  Kentucky  shall  at  the  re- 
of  the  State  Board  of  Control  examine  and  re- 
port on  any  and  all  sites  which  the  board  may  wish 
to  investigate  so  that  the  board  may  be  fully  advised 
as  to  the  quality  and  character  of  the  soil,  water  sup- 
ply, sanitation  and  other  agricultural  and  engineer- 
ing problems.  The  said  board  and  superi  t1  and 
said  university  shall  be  entitled  to  receive  their  nec- 

y  expenses  in  connection  with  said  investigation, 
selection  and  purchase  of  said  site  or  sites. 

12.  There  shall  be  received  into  bi  to  in- 
stitution, subject  to  such  rules  and  regulations  as  the 
Board  of  Control  may  adopt  and  pursuant  to  the  pro- 

D  of  this  act,  feeble-minded  and  epileptic  pel 
of  not  less  than  ars  of  age. 

13.  It  snail  1)''  the  duty  of  the  superintendent  of 

Miis  to  provide  such  care  and  training  for 
each  as  may  be  necessary  to  render  him  more 

,1    and    happy    and    to    make   him   as   nearly   self- 
supporting  as  his  mental  capacity  may  permit.    The  in 
of  said   institution  may   manufacture  and  pro- 
or  for  the  use  of  other  S  ate  in- 
stitutions, such  articles,  furniture,  clothing,  tools,  pro- 
d  other  gage  In  such  labor  or 

ruction  as  may  be  approved  by  the  State 
Board  of  Control. 

1  \.  The  Board  of  Control  shall  make  such  disposi- 
tion of  any  surplus  product*  of  the  farm  or  other  in- 


Location 
ami    size    of 
farm. 


Examina- 
tion and 
i-'  port  on 
sites. 


Admitting: 
to  institu- 
tion. 


cut- 
tody   and 

training". 


Surplus 
products. 


120 


HEALTH  LAWS  OF  KENTUCKY 


Jurisdic- 
tion. 
Trial  by 
jury. 


Proceed- 
ings. 

How    insti- 
tuted. 


dustry  of  the  institution  as  they  deem  proper,  and  may 
use  the  same  for  the  benefit  of  the  patients  of  the  State 
asylums  for  the  insane,  or  otherwise  in  their  discre- 
tion. 

15.  The  circuit  courts  of  the  several  counties  of 
this  State  shall  have  exclusive  jurisdiction  in  all  cases 
coming  within  the  terms  and  provisions  of  this  act. 
When  no  circuit  court  is  in  session  in  the  county,  in- 
quests of  insane  persons  may  be  held  by  a  judge  of  a 
circuit  court,  or  by  the  presiding  judge  of  the  county 
court,  but  in  no  case  shall  an  inquest  upon  an  idiot  be 
held  except  in  the  circuit  court.  In  proceeding  under 
this  act  the  person  alleged  to  be  feeble-minded,  epilep- 
tic, or  insane  and  appearing  before  the  court,  or  any 
person  interested  in  such  person,  shall  have  the  right 
to  demand  for  such  alleged  feeble-minded,  epileptic 
or  insane  person  a  trial  by  jury,  which  shall  be  grant- 
ed as  in  other  cases,  unless  waived;  or  the  court  on 
its  own  motion  may  call  a  jury  to  try  such  case.  The 
court  in  its  discretion  may  conduct  the  trial  or  inquest 
in  chambers. 

16.  Any  reputable  person  being  a  resident  of  the 
county  and  having  knowledge  of  a  person  in  the 
county  who  appears  to  be  either  feeble-minded,  epilep- 
tic or  insane  who  is  not  in  a  state  or  private  institu- 
tion for  the  care  of  such  persons,  may  file  with  the 
clerk  of  the  circuit  court  a  petition  in  writing  for 
the  trial  and  commitment  of  such  person  and  setting 
forth  facts  verified  by  affidavit.  It  shall  be  sufficient 
if  the  affidavit  is  upon  information  and  belief.  The 
petition  shall  set  forth  the  name  and  residence  of  the 
parent  or  parents,  if  known,  and  of  the  husband  or 
wife,  if  any,  and  the  name  and  residence  of  the  person 
having  the  custody,  control  and  supervision  of  such 
person ;  or  if  no  such  person  is  known  to  the  petitioner, 
then  of  some  near  relative  or  that  such  is  unknown  to 
the  petitioner.  All  persons  named  in  said  petition  in- 
cluding the  alleged  feeble-minded,  epileptic  or  insane 


HEALTH  LAWS  OF  KENTUCKY 


121 


person,  if  legal  age,  shall  be  notified  of  such  proceed- 
ings as  hereinafter  provided. 

17.  When  a  petition  for  the  trial  and  commit- 
ment of  an  alleged  feeble-minded,  epileptic  or  insane 
person  has  been  properly  filed  with  the  clerk  of  the 
court,  the  court  shall  appoint  two  physicians  to  ex- 
amine such  person  and  to  certify  to  the  court  as  to 
their  findings  in  the  case.  These  physicians  shall  be  se- 
lected where  possible  because  they  have  made  special 
study  of  feeble-mindedness  and  mental  diseases  and 
shall  be  entitled  to  a  fee  of  $3.00  each  for  such  ex- 
amination ami  certificate,  to  be  paid  by  the  county  in 
which  the  commitment  is  made,  upon  a  certified  copy 
of  the  order  of  allowance  made  by  the  circuit  court 
holding  the  inquest.  The  certificate  shall  state  that 
tiie  person  has  been  examined  by  each  of  the  medical 
examiners  making  the  certificate  within   three  days 

date   of   the   certificate  and    that    in   their 
judgment  be  is  feeble-minded,  epileptic  or  insane  in 

of  this  act,  if  such  be  the  fact,  and   requires 

rol  and  rare  ['^v  his  own  welfare  or 

for  tin-  welfare  I  or  of  the  community;  and  it 

shall   farther  such   supervision,  control 

and  care  can  provided   by  commitment  to  an 

institution  for  the  feeble-minded   and   epileptic  or  for 
the  |]  »r  by  commitment  to  guardianship.    The 

•  shall  be  in  the  foru  ibed  by  the  State 

Board  Qtrol,    and    shall    state    tie-    (actfl    and    cir- 

ipou  which  the  judgmenl  of  the  medical 
dnen  is  based,  and  shall  1m-  sworn  to  before  a 

notary  or  the  clerk  or  jndge  of  the  court. 

18.  Upon  the  filin":  of  the  petition  a  summons 
shall  issue  requiring  the  parent  or  pin. nts.  guardian 
or  other  person  having  the  custody,  control  or  super- 

:  or  with  whom  such   pers  >U   may 

■   with    SUCh  at    a    lime   and    place 

to  be  Stated   in  the  summons,  which   time  shall   be  not 

less  than   three   (3)    days  after  serviee.    The   parent 


Examining 

physicians' 
certificate. 


Service   of 

.••  ummons. 
Notice. 


122  HEALTH  LAWS  OF  KENTUCKY 

of  such  person,  if  living,  if  their  residence  be  known  to 
the  petitioner,  or  the  legal  guardian,  if  one  there  be, 
and  his  residence  is  known  to  the  petitioner,  or  if  there 
may  be  neither  parent  cr  guardian  whose  residence 
is  known  to  the  petitioner,  then  some  near  relative,  if 
his  or  her  residence  be  known  to  the  petitioner,  shall 
be  notified  also  of  the  proceedings;  and  in  any  case 
the  court  shall  appoint  some  member  of  the  bar  to 
-represent  and  protect  the  interests  and  rights  of  the 
person  alleged  to  be  of  unsound  mind,  and  it  shall  also 
be  the  duty  of  the  attorney  for  the  Commonwealth 
to  prevent  the  finding  of  any  person  to  be  of  unsound 
mind  who,  in  his  opinion,  is  not  such.  If  a  person  sum- 
.  moned  as  herein  provided  shall  fail  without  reasonable 
cause  to  appear  and  abide  by  the  order  of  the  court, 
he  may  be  proceeded  against  as  in  case  of  contempt 
of  court.  On  the  return  of  the  summons  or  other  pro- 
cess, or  on  the  appearance  of  such  alleged  feeble- 
minded, epileptic  or  insane  person  with  or  without 
summons  or  other  process  in  person  before  the  court, 
together  with  the  return  of  the  service  of  notice,  if 
there  be  any  person  notified,  or  upon  the  personal  ap- 
pearance or  written  consent  to  the  proceedings  of  the 
person  or  persons,  if  any  be  notified,  or  as  soon  there- 
after as  may  be,  the  court  shall  proceed  to  hear  and 
dispose  of  the  case.  The  court  may  in  its  discretion  re- 
quire other  evidence  in  addition  to  the  petition  and 
the  certificates  of  the  examining  physicians,  and  he 
may  require  the  attendance  at  the  hearing  of  said 
physicians  and  of  any  other  witnesses.  The  alleged 
feeble-minded,  epileptic  or  insane  person  or  any  one 
representing  him,  shall  have  the  right  to  summon 
witnesses  and  to  present  evidence  as  in  other  cases 
made  and  provided, 
presence  of  19.     No  inquest  shall  be  held  unless  the  person 

Charged.         charged  to  be  insane,  feeble-minded  or  epileptic  is  in 
pensed  court ;  provided,  however,  that  the  personal  presence 

of  such  person  may  be  dispensed  with  when  it  shall 


HEALTH  LAWS  OF  KENTUCKY  123 

appear  by  the  oath  or  affidavit  of  two  regular  prac- 
ticing physicians  that  they  have  personally  examined 
Bach  person  and  that  they  verily  believe  that  his  con- 
di;i<>n  is  such  that  it  would  he  unsafe  to  bring  him 
into  court. 

20.  The  judge  who  presides  at  such  inquest  may    Necessary 
make  all  orders  for  the  eare  of  the  person  found  to  be 

ile-minded,  epileptic  or  insane  or  incompetent  to 
and  i!"  it  is  Pound  upon  the  in<[ie 
that  such  person  has  an  estate,  or  it  is  for  any  other 
necessary,  ii   shall  be  the  duty  of  the  court  to 
ry  orders  for  the  appointment  of  a  com- 
mittee and  th.'  estate  of  such  person. 
r  such  person  to  an  asylum  for  the 
insane,  or  to  tl.  ble-minded,  as  the 
>  may  warrant  or  th"  court  may  commit  such  per- 

ttution,  or  to  a 

hom  the  court  may  find  to  be  proper,  able 

and  inister  to  the  welfare  of  such  per> 

provided  in  the  oei  id- 

ion. 

21.  Prom  and  lie  date  of  the  takm  JgJ*  *"; 
of  this  act  and   until  January  1.   1921,  every   paup<  ,,nal 
imh                    le-minded  person  ov              >ars  of  age 

and  being  a  male  below  the  i  ighteen  or  a  female 

of  forty-five,  shall  be  committed  lo  the 
the  feeble-minded,   it*  there   is  room 
therein  for  him  or  her  in  a  proper  department  thereof; 
and  do  suet  Ti;i  1 1  be  eommitteed  to  the  care  of 

a  committee  to  be  placed  on  the  pauper  imbeclie  pen- 
list,  nn'  >ti- 
Ige  of  the  circuit  court  that    there   is  no 
room  for  BUCh  person  in  the  institution.    After  January 
»auper  imbecile  or            minded  person 
shall  be  committed  to  the  institution  for  tin*  feeble- 
minded if  there  be  room  therein  in  the  !•                 part-   . 
:i.    This  Section,  however,  shall  not 

fly  to  pauper  imbecD.es  who  hai  <?<>\>i'  been 


124 


HEALTH  LAWS  OF  KENTUCKY 


When  pen- 
sion may  be 
paid  for 
pauper    im- 
beciles. 


Pauper  im- 
becile   de- 
fined. 

General   al- 
lowance. 
How    made. 


committed  to  a  committee  and  placed  on  the  pension 
list  for  the  five-year  period,  until  the  expiration  of 
such  period,  unless  such  committee  shall  voluntarily 
surrender  such  guardianship  and  request  the  court  to 
commit  such  person  to  the  institution  for  the  feeble- 
minded, in  which  case  the  pension  shall  at  once  cease. 

22.  Except  as  otherwise  provided  in  the  preced- 
ing section,  feeble-minded  persons  who  are  paupers 
and  who  in  the  opinion  of  the  court,  may  be  safely  and 
properly  kept  by  a  committee  within  the  county,  may 
by  order  of  the  court,  be  committed  to  the  custody  of 
a  committee  or  other  person  or  institution.  But  no 
pension  shall  be  granted  for  a  period  beyond  January 
1,  1921,  upon  any  inquest  held  after  the  passage  and 
taking  effect  of  this  act. 

23.  A  person  is  a  pauper  imbecile  or  feeble-mind- 
ed person  within  the  meaning  of  this  act  who  has  been 
found  by  the  court  to  be  feeble-minded  and  that  he 
has  no  estate  sufficient  for  his  support  and  also  that 
his  parents,  if  alive  have  not  sufficient  estate  to  main- 
tain him,  and  if  a  wife,  that  her  husband  has  not  suf- 
ficient estate  to  support  her ;  and  that  he  is  unable  to 
work  for  her  support.  Upon  the  filing  with  the  Auditor 
of  a  certificate  setting  forth  such  facts  and  other  facts 
required  to  be  found  by  this  act,  properly  signed  by 
the  judge  holding  the  inquest,  the  Auditor  shall  issue 
his  warrant  upon  the  treasury  for  the  amount  allowed 
by  law.  But  no  allowance  shall  be  made  for  the  main- 
tenance of  any  person  under  the  age  of  eight  years, 
nor  for  one  wTho  is  only  at  times  by  epileptic  fits  or 
other  malady  enfeebled  in  mind,  nor  shall  any  warrant 
be  issued  by  the  Auditor  until  the  committee  for  such 
person  in  charge  has  filed  an  affidavit  stating  what 
income,  if  any,  has  been  received  during  the  previous 
year  from  the  labor  of  such  pauper  imbecile,  and 
whether  such  pauper  imbecile  has  been  able  to  do  any 
manual  labor;  and  to  what  extent,  if  at  all,  the  said 
pauper  imbecile  has  been  able  to  work  for  his  support. 


HEALTH  LAWS  OF  KENTUCKY 


125 


Any  knowingly  false  statement  in  such  affidavit 
shall  subject  the  person  making-  the  same  to  prosecu- 
tion for  perjury. 

The  Auditor  before  issuing  such  warrant,  shall 
submit  to  the  Board  of  Control  said  affidavit  and  all 
other  papers  with  reference  to  such  claim ;  and  it  shall 
be  the  duty  of  the  Board  of  Control  to  make  an  inde- 
pendent investigation  of  said  commitment  and  of  the 
financial  and  other  condition  of  the  person  committed, 
and  in  its  discretion  the  Board  may  authorize  the  Aud- 
itor to  deduct  from  said  allowance  the  reasonable 
value  of  the  work  done,  if  any,  or  money  or  property 
received  for  or  by  said  feeble-minded  person,  during 
the  preceding  twelve  months;  or  in  its  discretion  the 
board  may  request  the  committing  court  to  hold  an- 
other inquest  before  authorizing  Auditor  to  issue  his 
warrant.  And  upon  the  further  inquest  the  board  shall 
produce  before  the  court  such  additional  evidence  as 
it  may  have  bearing  upon  said  case.  No  warrant  shall 
I  by  the  Auditor  until  authorized  by  the  Board 
Mtml.  in  accordance  with  the  provisions  of  this 
section. 

24.  When  a  person  shall  be  found  feeble-minded 
or  insane  under  the  provisions  of  this  act,  the  judge 
who  |  at  the  inquest  shall  endeavor  to  ascer- 

tain and  draw  up  a  brief  history  of  such  person's  case 
embracing  the  following  poi] 

1.  Age;  occupation;  married  or  single;  habits; 
education.    2.  What  i  if  any.  have  been  insane, 

minded  or  ic.   3.   Date  of  first  attack  or 

symptoms;  1.  ibited;  whether  trouble  has  since 

changed  in  character.  1.  Supposed  cause;  what  illusions 
or  hallucinations,  if  any;  whether  subject  to  fits,  and 
if  so,  of  what  character  or  duration,  natural  tei 
and  kind  of  affection  toward  relations.  Any  attempt 
at  suicide;  what  propensity  to  mischief,  or  violence, 
.    6.   Periodic  /y  and  lurid  bi- 

nd dura  7.    What   restrainl  lias 


History  of 
patient's 
case  to  be 
prepared 
and    sent  to 
institution. 


126  HEALTH  LAWS  OF  KENTUCKY 

been  imposed  and  what  treatment  used.  8.  What  in- 
jury, if  any,  about  the  head  received ;  what  bodily  in- 
jury, defect  or  disease.  9.  What  estate,  if  any,  the 
person  has  in  possession,  reversion  or  remainder,  and 
what  estate  his  parents,  if  any,  have ;  and  if  a  married 
woman,  what  estate  her  husband  has;  together  with 
whatever  else  may  be  deemed  material  to  enable  the 
superintendent  of  an  institution  to  understand  the 
case.  Said  statement  or  copy  shall  be  sent  with  the 
record  to  the  institution  to  which  the  person  may  be 
assigned. 
Notice  of  25.     Upon  the  commitment  of  a  feeble-minded  or 

commit- 
ment, epileptic   or   insane  person  to   an  institution  for  the 

feeble-minded,  epileptic  or  insane,  a  copy  of  the  peti- 
tion, the  certificate  of  the  physicians  and  the  order 
of  commitment,  together  with  a  written  statement  of 
the  judge  as  to  the  financial  condition  of  the  feeble- 
minded, epileptic  or  insane  person  and  of  the  persons 
legally  liable  for  his  support  as  far  as  such  condition 
can  be  ascertained,  and  any  other  material  facts  found 
by  the  court  upon  the  inquest  shall  be  sent  to  the 
superintendent  of  such  institution.  The  superintendent 
shall  at  once  notify  the  judge  whether  or  not  a  va- 
cancy in  the  institution  exists,  and  if  a  vacancy  exists 
he  shall  immediately  send  a  competent  and  suitable 
attendant,  who  shall  bring  the  person  to  the  institu- 
tion. Each  female  committed  to  any  institution  shall 
be  accompanied  by  a  female  attendant,  unless 
accompanied  by  her  father,  brother,  husband  or 
son.  The  superintendent  shall  thereupon  file  certified 
copies  of  the  papers  in  the  office  of  the  State  Board  of 
Control.  If  a  vacancy  does  not  exist  the  superintendent 
shall  return  the  papers  to  the  judge  and  thereupon 
without  further  proceedings  the  judge  shall,  unless 
otherwise  specially  provided  by  law,  issue  a  supple- 
mentary order  committing  the  feeble-minded,  epilep- 
tic or  insane  person  to  guardianship  until  a  vacancy 
exists  in  the  institution.   In  such  case  the  judge  shall 


HEALTH  LAWS  OF  KENTUCKY 


127 


send  to  the  superintendent  a  copy  of  the  supplementary 
order  of  commitment  to  guardianship  and  shall  send 
to  the  State  Board  of  Control  a  copy  of  the  original 
order  of  commitment,  the  petition,  the  certificate  of 
mental  deficiency  or  epilepsy  and  his  written  state- 
ment. The  superintendent  shall  notify  the  State  Board 
of  Control  as  soon  as  a  vacancy  exists  in  the  institu- 
tion, and  thereupon  the  board  may  transfer  to  such 
institution  the  person  so  committed  to  guardianship. 
If  such  person  has  been  placed  on  the  pension  list,  the 
pension  shall  cease  or  be  prorated  upon  the  transfer 
of  such  person  to  such  institution. 

26.  The  superintendent  or  person  in  charge  of 
any  institution  for  the  feeble-minded  or  insane  may 
refuse  to  receive  any  person  upon  an  order  of  commit- 
ment. If  the  papers  pi  i  do  not  comply  with  the 
provisions  of  this  set,  or  if  in  his  judgment  the  p 

is  ii"-  minded  or  insane  within  the  meaning  of 

this  act. 

27.  Before  any  order  shall  be  granted  by  the 
eourl  tor  the  maintenance  of  a  feeble-minded  person 
out  of  bis  <>\vu  estate  or  oul  of  the  State  Treasury,  an 
inquest  shall  be  held  as  provided  by  this  act,  said  order 
to  remain  In  force  not  longer  than  three  years,  when 
another  inquest  shall  be  necessary. 

28.  Any  person,  association  or  corporation  hav- 
ing established  at  the  time  of  the  passage  of  this 
act,  or  then  or  later  intending  to  establish  an  institu- 
tion, home  or  school  tor  the  care,  custody  and  treat- 
ment of  feeble-minded,  epileptic  or  insane  persons  for 
compensation,  or  bire,  shall  obtain  a  license  therefor 
from  the  State  Board  of  Control.  Every  application  for 
such  a  license  shall  be  accompanied  by  information 
and  be  in  such  form  as  the  board  may  require.  The 
board  shall  not  grant  any  Buch  license  without  first 
having  made  an  examination  of  the  premises  prop 

to  be  licensed  and  being  satisfied  that  they  are  sub- 
stantially as  described  and  are  otherwise  fit  and  suit- 


Refusal  to 

receive. 


Inquests   to 
be    held 
.  \ .  i  y    third 
year   after 
the   first  In- 
quest. 


Private    In- 
stitutions. 
License. 


128 


HEALTH  LAWS  OF  KENTUCKY 


Institution- 
al   anrl 
private  care. 
Transfers. 


Duties  of 

health 

officers. 


Females   in 
poor  houses. 


able  for  the  purposes  for  which  they  are  designed  to 
be  used  and  that  such  license  should  be  granted.  The 
board  may  at  any  and  all  times  examine  and  ascer- 
tain how  far  a  licensed  institution  is  conducted  in 
compliance  with  the  license  therefor,  and  after  due 
notice  to  the  institution  and  an  opportunity  for  it  to 
be  heard,  the  board  having  made  a  record  of  the  pro- 
ceedings upon  such  a  hearing  ma}',  if  the  interests  of 
the  patients  in  the  institution  so  demand,  for  just  and 
reasonable  cause  then  appearing  and  to  be  stated  in 
its  order,  amend  or  revoke  any  such  license  by  an  order 
to  take  effect  within  such  time  after  the  service  thereof 
upon  the  licensee  as  the  board  shall  determine. 

29.  A  feeble-minded,  epileptic  or  insane  person, 
unless  it  be  otherwise  specially  provided  by  law,  may 
be  committed  only  to  a  State  institution  for  the  feeble- 
minded, epileptic  or  insane,  to  a  private  institution  li- 
censed by  the  Board  of  Control,  or  to  the  guardian- 
ship of  a  relative  or  other  persons  designated  by  the 
court.  Any  feeble-minded  or  epileptic  person  com- 
mitted to  a  State  institution  and  becoming  insane  may 
be  transferred  to  a  State  hospital  for  the  insane  by 
the  Board  of  Control,  and  any  feeble-minded  or  epi- 
leptic person  confined  at  a  State  hospital  for  the  insane, 
and  who  is  not  insane,  may  be  transferred  by  the  State 
Board  of  Control  to  the  institution  for  feeble-minded 
and  epileptic  persons. 

30.  It  shall  be  one  of  the  special  duties  of  every 
health  officer  and  of  every  public  health  nurse  to  in- 
stitute proceedings  to  secure  the  proper  segregation 
and  custody  of  *  feeble-minded  persons,  likely  to  be- 
come fathers  or  mothers  of  other  feeble-minded  per- 
sons. 

31.  It  shall  be  unlawful  for  any  county  poor  farm 
or  poorhouse,  or 'any  home  or  institution  providing 
primarily  for  poor  or  infirm  persons  to  receive  or  per- 
mit to  remain  in  its  shelter  a  feeble-minded  female 
under  forty-five  years  of  age,  provided  there  is  room 


HEALTH   LAWS  OF  KENTUCKY 


120 


in  the  institution  for  the  feeble-minded  fbr  such  per- 
son, in  which  case  such  person  must  be  transferred  to 
such  institution. 

_'.  It  shall  be  unlawful  to  aid  or  abet  the  mar- 
riage of  any  feeble-minded  person,  and  any  person 
found  guilty  of  aiding  or  abetting  such  marriage  shall 
be  fined  not  less  than  fifty  dollars,  nor  more  than  five 
hundred  dolars. 

The  Stat.'   Board   of  Control   may   authorize 
superintendent  of  any  State  institution    for    the 
feeble-minded  and  epileptic  to  admit  thereto  under  a 
speci;  ment  mentally  defective  persons  who  are 

ents  of   the   State,   other   than  poor  or   indigent 
as,  when  there  is  room  for  such  persons  therein. 
Hut  do  person  so  admitted  shall  be  permitted  to  occupy 
!i  one  room  in  any  such  institution.   Such  per- 
son*, shall  be  subject  to  the  general  rules  and  regula- 
of  tii.    institution.    The  State  Board  of  Control 
shall  fix  the  rates  to  be  charged  for  the  maintenance 
.  h  persons,  the  payment  of  which  shall  he  secured 
by  a  surety  company  bond  approved  by  the  board,  or 
by  other  adequate  security  or  by  a  deposit,  and  bills 
therefor  shall  be    collected     monthly.      The     superin- 
nt  may  recommend  to  the  hoard  the  removal  of 
such  j  luly  licensed  private  institutions  and 

the  board  shall  have  power  in   its  discretion  to  corn- 
such  removal. 

54.  All  poor  or  indigent  feeble-minded  or  epilep- 
tic persons  commj  the  State  institution  for  the 
I  and  epileptic  shall,  while  therein,  be 
wholly  supported  by  the  state.  The  costs  necessarily 
incurred  in  the  •  of  such  persons  to  such  in- 
stitutions shall  l»e  a  charge  upon  the  State.  The  board 
shall   have  power  to  take  all  necessary  steps  to  secure 

bom  relative  lends  who  are  liable  therefor,  or 

who  may  be  willing  to  assume  the  cost  of  support  of 
any  person  supported  by  the  State,  reimbursement,  in 
whole  or  in  pnrt.  of  the    money    so    expended.     The 


Aiding  mar- 
riage of 
feeble- 
minded. 


Admissions 
for  compen- 
sation. 


Support 
inmates. 


of 


H.  L.--S 


130 


HEALTH  LAWS  OF  KENTUCKY 


Non-resi- 
dents. 


Discharge 
of  inmates. 


board  may  fix  the  rate  to  be  paid  for  the  support  of  a 
person  by  his  committee  or  by  relatives  liable  for  such 
support,  or  by  those  not  liable  for  such  support,  but 
willing  to  assume  the  cost  thereof;  but  such  rate  shall 
be  sufficient  where  possible  to  cover  a  proper  pro- 
portion of  the  cost  of  maintenance  and  of  necessary 
repairs  and  improvements. 

35.  If  an  order  be  issued  by  any  judge  commit- 
ting to  a  State  institution  for  the  feeble-minded,  epilep- 
tic or  insane  a  poor  or  indigent  person  who  has  not 
acquired  a  legal  residence  in  this  State,  the  State  Board 
of  Control  shall  return  such  mentally  defective  per- 
son, either  before  or  after  his  admission  to  the  insti- 
tution, to  the  country  or  State  to  which  he  belongs, 
and  for  such  purpose  may  expend  so  much  money  ap- 
propriated for  the  care  of  feeble-minded  and  insane 
persons  as  may  be  necessary. 

36.  Whenever  in  the  judgment  of  the  superin- 
tendent of  a  State  institution  for  the  feeble-minded, 
epileptic  or  insane  a  person  committed  as  a  feeble- 
minded, epileptic  or  insane  person  is  not  feeble-mind- 
ed, epileptic  or  insane,  or  the  condition  of  an  inmate 
has  sufficiently  improved  so  that  his  discharge  will  not 
be  injurious  to  him  or  detrimental  to  the  public  wel- 
fare, the  superintendent,  may,  on  filing  his  written 
certificate  with  the  State  Board  of  Control,  discharge 
such  person,  unless  the  person  is  held  upon  an  order 
in  an  action  or  proceeding  arising  out  of  a  criminal 
offense,  issued  by  a  court  having  criminal  jurisdiction ; 
provided,  however,  that  before  making  such  certificate, 
the  superintendent  shall  satisfy  himself  by  sufficient 
proof  that  friends  or  relatives  of  the  person  are  will- 
ing and  financially  able  to  receive  and  properly  care 
for  such  person  after  his  discharge,  if  he  is  unable  to 
care  for  himself.  When  the  superintendent  is  unwilling 
to  discharge  a  person  upon  request,  and  so  certifies  in 
writing,  giving  his  reasons  therefor,  the  judge  of  the 
county  court  in  the  county  in  which  the  institution 


HEALTH  LAWS  OF  KENTUCKY  131 

is  situated  may,  upon  such  certificate  and  an  oppor- 
tunity for  a  hearing  thereon  being  accorded  the  super- 
intendent, and  upon  such  \)ther  proofs^  as  may  be  pro- 
duced before  him,  direct,  by  order,  the  discharge  of 
such  person,  upon  such  security  to  the  people  of  the 
State  as  he  may  require,  for  the  good  behavior  and 
maintenance  of  the  person  so  discharged.  The  State 
Board  of  Control  may,  by  order,  discharge  any  inmate 
in  its  ji,  improperly  detained  in  any  institution. 

A  poor  or  indigent  person  discharged  by  the  superin- 

lent  because  he  is  not  a  feeble-minded  or  insane 
person,  or  !■■  he  is  not  a  proper  case  for  treat- 

ment within  tin1  meaning  of  this  act,  shall  be  returned 
to  the  county  judge  in  the  county  from  which  he  was 
committed.  A  person  held  upon  an  order  of  a  court 
or  judge  having  criminal  jurisdiction,  in  an  action  or. 
pro<  ling  from  a  criminal  offense,  may  be 

discharged  upon  the  superintendent's  certificate  ap- 
proved by  the  court  which  committed  him. 

ntendent  or   physician    in   charge    Discharge 
of  a  !  institution,  on  filing  his  written    institution. e 

cer4  ith  the  State  Board  of  Control,  may  dis 

charge  any  inmate  whose  discharge  will  not  be  detri- 
to  the  public  welfare,   or  injurious  to  the  in- 

•.  The  Buperintendenl  or  physician  in  charge  of 
such  institution  may,  subject  to  the  approval  of  the 
board,  refuse  to  discharge  any  inmate,  if,  in  his  judg- 
tieh  discharge  will  be  detrimental  to  the  public 
welfare  or  injurious  to  the  patient  ;  and  if  the  commit- 
tee or  relath  h  inmate  refuse  to  provide  proper- 
ly for  his  care  and  treatment,  the  superintendent  or 
physician  in  charge  of  such  institution  may  apply  to  the 
board  for  the  transfer  of  such  inmate  to  a  State  insti- 
tution for  the  mentally  defective.  The  Board  of  Control 

Lthoriaed  to  make  transfers  from  private  to  State 

:*ut ions  or  physicians  in  charge  of  a  licensed 
private  institution  may  grant  a  parole  to  an  inmate 
not  exceeding  six  months,  under  general  conditions 

gibed  by  the  board. 


132 


HEALTH  LAWS  OF  KENTUCKY 


Penalties 
for  viola- 
tion. 


Clerk  to 
furnish    list 
of  pauper 
idiots. 


Appropria- 
tions and 
per  capita 
allowance. 
Present  al- 
lowance 
to  pauper 
idiots   to 
cease,  when. 


38.  Whoever  shall  bring  or  cause  to  be  brought 
into  any  county  or  city  of  this  Commonwealth  from, 
any  State  or  county  any  feeble-minded,  epileptic  or 
insane  person  with  the  intent  to  make  him  a  charge 
upon  this  Commonwealth  shall  be  fined  $100  or  im- 
prisoned three  months  or  both,  and  shall  further  be 
liable  at  the  suit  of  the  Commonwealth  for  all  damages 
incurred  thereby,  including  the  cost  of  transportation ; 
and  any  person  who  shall  fraudulently  secure  any  ad- 
judication that  a  person  is  a  pauper  imbecile  with  the 
purpose  of  securing  the  pension  provided  by  this  act, 
or  shall  knowingly  conspire  or  contrive  to  have  one 
unlawfully  adjudged  feeble-minded  or  insane,  shall 
be  subject  to  like  penalties  and  damages;  and  any 
person  who  shall  otherwise  violate  any  provision  of 
this  act  shall  be  fined  not  exceeding  $100  or  imprisoned 
not  exceeding  three  months  or  both. 

39.  The  circuit  clerk  of  each  county  shall  trans- 
mit to  the  Auditor  on  or  before  the  tenth  of  Septem- 
ber in  each  year  a  list  of  the  feeble-minded  paupers 
in  his  county;  and  if  he  fails  to  do  so  without  good 
cause  he  shall  be  fined  fifty  dollars. 

40.  There  is  hereby  appropriated  out  of  the  State 
Treasury  from  moneys  not  otherwise  expended  the  sum 
of  $25,000  for  the  year  1918  and  $25,000  for  the  year 
1919,  to  be  expended  in  the  purchase  or  rental  of  land 
for  a  farm  colony  for  the  feeble-minded,  and  in  the 
erection  of  dormitories  thereon ;  and  in  addition  to  the 
aforesaid  appropriation  and  the  presently  existing  ap- 
propriations for  the  care  and  maintenance  of  the 
feeble-minded,  there  shall  be  paid  to  the  Board  of  Con- 
trol for  the  erection  of  additional  dormitories  and 
buildings  the  sum  of  $75.00  per  year  for  each  and  every 
pauper  idiot  or  feeble-minded  person  hereafter  com- 
mitted, under  the  provisions  of  this  act  to  said  in- 
stitution, the  $75.00  to  be  in  lieu  of  the  like  allowance 
now  paid  to  the  parents  or  committees  of  such  persons, 
the  said  payment  of  $75.00,  however,  to  cease  on  Jan- 
uary 1,  1921. 


HEALTH  LAWS  OF  KENTUCKY 


133 


41.  The  invalidity  of  any  part  or  parts  of  this 
act  shall  not  be  construed  to  affect  the  validity  of  any 
other  part  capable  of  having  practical  operation  and 
effect  without  the  part  or  parts  found  to  be  invalid. 

42.  See. ions  264,  265,  266,  267,  268,  269,  270  and 
271  of  the  Kentucky  Statutes,  Carroll's  Edition  1915, 
which  concern  the  Kentucky  Institute  for  Feeble- 
Minded  Children,  and  also  sections  2157,  2158,  2159, 
2160,  2161,  2162,  2163,  2164,  2165,  2166,  2167,  2168, 
2169,  2170  and  2171,  of  the  Kentucky  Statutes,  Car- 
roll's Edition  of  1915,  which  concern  idiots  and  luna- 
tics, are  hereby  repealed,  and  also  all  other  acts  or 

-  of  acts  inconsistent  with  this  act,  are  hereby  re- 

pealr,L  App  eh  26,  1918. 


Invalidity. 


Repeals. 


RULES  AND  EU 

Under  authority  c<  by  law  upon  the  state 

board  of  health  of  K  .  the  following  rules  and 

regulations  ar  y  made,  established  and  published 

trie!  the  dissemination  of  disease 
anions  the  people  of  the  Commonwealth,  and  all  per- 
sons and  corporations  are  requested  and  directed  to 
comply  with  each  and  all  of  them  under  the  pains  and 

dtiea  of  law. 

It  is  recommended  that  t hey  also  be  adopted  by 
each  c  board  of  health  in  the  State,  and 

that  rules  having  special  local  application  be  published 

to  time  for  the  information 
and  guidance  of  all  concern' 

Rule  1.  Each  local  board  of  health,  county  or  city, 
si) all  elect  a  competent  physician  as  the  health  officer 
territory  under  its  jurisdiction,  and  he  shall,  by 
such  election,  become  secretary  of  such  board.  The 
name  and  post  office  address  of  such  officer  shall  at 
once  be  sent  by  him  to  the  state  board  of  health.  Such 
officer  shall  enforce  the  rules  and  regulations  of  the 
i'  health  and  his  own  board;  he  shall  keep 
a  correct  report  of  its  proceedings,  and  of  his  official 


Effective   in 

any   county 
only  when 

adopted    by 
•ard  of 
health. 


Publication 
of. 


Election  and 
duties  of 
county 
health    of- 
ficer. 

Minutes    to 
bp   k'  • 
reports  of 
election 
made. 


134 


HEALTH  LAWS  OP  KENTUCKY 


Sanitary- 
surveys. 
Care  of 
public 
buildings. 
Nuisances. 


Supervision 
over  school 
and  other 
buildings. 


acts,  in  a  book  provided  by  the  local  board  for  that  pur- 
pose ;  lie  shall  report  quarterly  and  at  such  other  times 
as  may  be  required  by  the  state  board  of  health,  and 
perform  such  other  duties  as  may  be  required  by  his 
own  or  the  state  board.  Local  boards  of  health  shall  in 
writing,  recommend  to  their  respective  fiscal  courts  and 
councils  the  value  of  the  services  of  the  health  officer, 
to  be  paid  under  section  2060  of  the  statutes. 

Rule  2.  The  health  officer  shall,  upon  request  of 
the  state  board  of  health,  make  a  sanitary  survey  of 
the  territory  under  his  jurisdiction,  for  the  purpose  of 
ascertaining  the  existence  of  conditions  detrimental  to 
health,  including  in  such  survey,  swamp  lands,  stagnant 
ponds,  collections  of  manure,  imperfect  drainage,  sewer- 
age, cesspools  and  water  closets ;  the  construction,  ven- 
tilation and  drainage  of  public  buildings,  schoolhouses, 
prisons,  hospitals,  eleemosynary  institutions,  and  such 
nuisances  as  might  prove  detrimental  to  the  public 
health,  and  shall  take  proper  steps  to  secure  the  abate- 
ment of  such  nuisance  or  conditions.  No  privy  vault, 
or  cesspool  shall  open  into  any  stream,  ditch  or  drain 
except  common  sewers.  No  human  excrement  removed 
from  privy  vaults,  street  scrapings  or  other  refuse  of 
any  kind  from  within  a  city  or  town  shall  be  deposited 
on  the  ground  within  one  mile  of  the  corporate  limits  of 
such  city  or  town,  and  only  then  upon  a  written  permit 
from  the  health  officer  of  the  county  in  whose  jurisdic- 
tion the  territory  lies. 

Rule  3.  City  and  county  boards  of  health  shall 
exercise  especial  supervision  over  the  location,  con- 
struction, drainage,  water  supply,  heating,  ventilation, 
plumbing  and  disposal  of  excreta  of  the  school,  school- 
houses,  moving  picture  theatres,  and  all  other  public 
buildings  within  their  jurisdiction,  and  where  any 
hygiene  faults  exist  it  shall  be  the  duty  of  said  board 
of  health,  upon  notification  of  the  proper  authorities, 
to  immediately  examine  the  same  and  advise  and  re- 
quire such  changes  as  will  result  in  a  correction  of  all 
existing  defects. 


HEALTH  LAWS  OF  KENTUCKY  135 

Dangerous,  Contagious,  Infectious,  Communicable  and    £°buun" 
Reportable  Diseases.  fgSId  des" 

Rule  4.  Communicable  and  reportable  diseases 
designated.  For  the  purpose  of  these  rules  the  term 
communicable  disease  shall  be  held  to  include  the  fol- 
lowing diseases,  which  are  hereby  declared  to  be  com- 
municable through  the  conveyance  of  infective  organ- 
isms. The  communicable  diseases,  for  convenience  of 
administ ration,  are  divided  into  two  groups: 
Chickenpoz  or  other  eruptive  disease  in  vaccinated 

persons. 
Cholera,  Asiatic. 

Diphtheria  or  Membranous  Croup. 
Amoebic  and  Bacillary. 
Epidemic  Cerebrospinal  Meningitis. 
Influenza. 

Epidemic  or  Streptococcic,  Septic,  Sore  Throat. 
,m  Bleat 

Suppurative     Conjunctivitis,   or   Ophthalmia    Neona- 
torum of  the  New-Born. 

a-tvphoid  Fever  or  other  fever   continued    seven 
da. 
Pellagra. 
gue. 
imonia. 

Uobar. 
h.     Bronchial  or  Lobular. 
Poliomyelitis  or  Infantile  Paralj 
Puerperal  8  tpticaemia. 

des. 
Scarlet  Pever    or  Searlatina. 

ill  pox. 

Trachoma. 
Tubercul 
Typhoid  Pever, 

•r. 
Whooping  Cough. 


136 


HEALTH  LAWS  OF  KENTUCKY 


Maximum 
period  of 
incubation. 


Minimum 
period  .  of 
isolation. 


B.  Syphilis. 
Gonorrhoea. 
Chancroid. 

Kule  5.  Maximum  period  of  incubation.  For  the 
purpose  of  this  rule,  the  maximum  period  of  incuba- 
tion, that  is,  between  the  date  of  the  exposure  to  dis- 
ease and  the  date  of  its  development,  of  the  following 
Communicable  diseases  is  hereby  declared  to  be  as 
follows : 

Chickenpox  21  days 

Measles    14  day^ 

Mumps  21  days 

Poliomyelitis,  or  Infantile  Paralysis 14  days 

Scarlet  Fever,  or  Scarlatina  7  days 

Smallpox  20  days 

Wli  ooping  Cough  14  days 

Rule  6.  Minimum  period  of  isolation.  The  mini- 
mum period  of  isolation,  within  the  meaning  of  these 
rules  shall  be  as  follows: 

Chickenpox,  until  twelve  days  after  the  appear- 
ance of  the  eruption  and  until  the  crusts  have  fallen 
and  the  scars  are  completely  healed. 

Diphtheria,  mebranous  croup,  until  two  successive 
negative  cultures  have  been  obtained  from  the  nose 
and  throat  at  intervals  of  not  less  than  twenty-four 
hours,  the  first  of  such  cultures  being  taken  not  less 
than  nine  days  from  the  day  of  the  onset  of  the  dis 
ease. 

Epidemic  cerebrospinal  meningitis,  until  two 
weeks  after  the  temperature  has  become  normal  or 
until  three  successive  cultures,  obtained  from  the  naso- 
pharynx at  intervals  of  not  less  than  five  days,  shall 
be  found  free  of  meningococci. 

Measles,  until  at  least  five  days  after  the  appear- 
ance of  the  rash. 

Mumps,  until  two  weeks  after  the  appearance  of 
the  disease  and  one  week  after  the  disappearance  of  the 
swelling. 


HEALTH  LAWS  OF  KENTUCKY 


131 


Poliomyelitis,  acute  anterior  or  infantile  paralysis, 
until  three  weeks  from  the  day  of  the  onset  of  the  dis- 
ease. 

Scarlet  fever,  until  thirty  days  after  the  develop- 
ment of  the  disease  and  until  all  discharges  from  the 
nose,  ears  and  throat,  or  suppurating  glands  have 
ceased. 

Smallpox,  until  fourteen  days  after  the  develop- 
ment of  the  disease  and  until  scabs  have  all  separated 
and  the  scars  completely  healed. 

Typhoid  or  para-typhoid  fever,  if  the  patient's 

occupation  involves  the  handling  of  milk,  dairy  prod- 

or  other  food,  until  all  signs  of  the  disease,  or  all 

secondary  or  complicating  infections   incited   by  the 

agents  of  these  diseases,  have  disappeared,  and  until 

successive  sp  of  the  intestinal  discharges 

of  the  patient  have  been  taken  at  an  interval  of  not 

and  have  been  examined  in  State 

h  laboratories  or    another   laboratory    approved 

by  the  state  board  of  health  and  found  to  be  free  from 

typhoid  or  para-typhoid  bacilli. 

Whooping  cough,  until  eight  weeks  after  thevde- 
velopment  of  the  disease  or  until  one  week  after  the 

7.     Any  physician  who  treats  or  examines  a 

>n  in  any  <-ount\  in  Kent in-ky  ami  who  makes 
a  diagnosis  of,  or  has  reasonable  grounds  for  suspect- 
ing tence  of,  any  one  of  the  diseases  named  in 
Rule  4,  shall  report  the  same  to  the  county  or  city 
health  officer  within  whose  jurisdiction  the  case  occurs, 
where  a  physician  is  not  called,  the  head  of  the 

ily    shall    make    said    report,    ami    any    head    of    a 

who  wilfully  fails  or  J,  or  any  physician 

fuse  to  report  to  the  local  board  of 
of  the  above  n  seases, 

HO  nor  more  than  *100  for    Penalties, 
tfl  or  refuses  to  report,  and  repeated 
•  •in  provided,  including  repor 


Commun- 

ic.il.i.      nis- 

•  ,  be 
i.  p.irtpd    by 
phyi  iHans 
and    heads 
of   families. 


138  HEALTH  LAWS  OF  KENTUCKY 

of  births  and  deaths,  shall  be  sufficient  cause  for  the 
revocation  of  a  physician's  certificate  to  practice  med- 
icine in  this  Commonwealth. 

Facts  to  be  Rule  8.     The  report  of  the  existence  of  any  of  the 

reported.  ,  .        *  * 

Free  diseases  named  in  the  preceding  rule  shall  be  sent  in 

postage.  .  r  ° 

writing  on  blank  cards  not  requiring  postage  to  the 
local  county  or  city  board  of  health  by  mail,  or  in 
emergency  may  be  telephoned,  but  in  all  such  cases 
shall  be  confirmed  by  mail.  Each  such  report  for  each 
case  shall  include  the  following  facts:  Date,  name  of 
disease,  patient's  name,  address,  age,  sex,  color,  school 
and  teacher,  if  any,  place  of  employment,  name  and 
address  of  the  physician  or  other  person  making  the 
report. 

in  etheSeivew-  ^u*e    ^'     Whenever  a  person    is    known,*  or    is 

imperative     suspected,  to  be  afflicted  with  a  reportable  and  noti- 

phys^cians      fi&ble  disease,  or  whenever  the  eyes  of  an  infant  under 

an^^unfes.    two  wee^s  of  age  become    reddened,     inflamed     or 

swollen,  or  contain  an  unnatural  discharge,  and  no 

physician  is  in  attendance,  an  immediate  report  of  the 

existence  of  the  case  shall  be  made  to  the  local  health 

officer  by  the  midwife,  nurse,  attendant  or  other  person 

in  charge  of  the  child. 

r^port^sus1-0  Rule  ^'    Teachers,  or  other  persons  employed  in, 

ineCschoofsSes  or  in  charge  of,  public  or  private  schools,  shall  report 
?irSfsShed  be  immediately  to  the  local  health  officer  each  and  every 
known  or  suspected  case  of  a  notifiable  disease  in  per- 
sons attending  or  employed  in  their  respective  school ; 
provided,  the  local  health  officer  shall  furnish  such 
teacher  or  other  person  with  blanks  for  mailing,  which 
shall  not  require  the  expenditure  of  money  for  postage, 
state  Board  Rule  11.     The  written  reports    of    the    cases    of 

to  furnish       notifiable  and  reportable  diseases  required  by  the  stat- 

blanks.  A  ,  _  .... 

county  and    utes  and  these  rules  and  regulations  of  physicians, 

city    health        ,         .,  ,  ,.     -,  ,.    ,     .  , 

officers  to      shall  be  made  upon  blanks  supplied,  for  the  purpose, 

report 

weekly,    in-    through  the  local  health  authorities,  by  the  state  board 

eluding  °  '      J 

measures  of    0f  health.     These  blanks  shall  conform,  in  general,  to 

prevention  ° 

adopted.         those  adopted  and  approved  by  the  State  and  Territor- 


HEALTH  LAWS  OF  KENTUCKY 


139 


ial  Health  Authorities  in  conference  with  the  United 
States  Public  Health  Service.  Each  county  or  city 
health  officer  shall  mail  to  the  state  board  of  health 
in  an  addressed  envelope,  which  shall  be  furnished 
him  for  the  purpose,  all  original  reports  received  by 
hi  in  at  the  close  of  business  on  each  and  every  Satur- 
day, and  at  the  proper  place  on  each  said  report  he 
shall  note  what  measures  were  taken  to  prevent  the 
spread  or  occurrence  of  additional  cases.  Each  viola- 
tion of  these  rules  which  becomes  known  to  the  health 
officer  of  any  city  or  county  shall  be  brought  to  the 
attention  of  the  county  or  district  attorney  having 
jurisdiction,  with  the  request  to  prosecute  the  same. 

Rule  12.  Reporting  cases  of  communicable  disease 
in  institutions.  It  shall  be  the  duty  of  the  superin- 
tendent or  person  in  charge  of  every  hospital,  other  in- 
stitution, or  dispensary,  to  report  to  the  local  health 
officer,  within  whose  jurisdiction  any  such  hospital, 
institution,  or  dispensary  is    located,   the   full 

,  age,  and  address  of  every  person  under  his 
charge  affected  with  a  communicable  disease,  together 
with  the  name  of  the  disease,  and  the  name  and  address 
6f  th  i  or  organisation  in  whose  care  the  case 

was  iinin  o  admission  or  by  whom  the 

was  referred,  within  twenty-four  hours  from  the 
time  when  the  ease  tirst  develope  or  is  first  admitted  to 
Bueh  hospital,  other  institution,  or  dispensary.  Such 
report  shall  be  by  telephone  or  telegram,  when  prae- 
ticable.  and  shall  also  be  made  in  writing. 

Etale  L3,  Reporting  cases  of  disease  presumably 
communicable  in  schools.  When  no  physician  is  in  at- 
tendance, it  shall  be  the  duty  of  every  teacher  to  re- 
port forthwith  to  the  principal  or  person  in  charge 
of  the  sehool  all  the  illness  and  phy- 

sical condition  of  any  child  in  such  school  who  appears 
to  be  affected  with  adi  presumably  communicable. 

It  shall  be  the  duty  of  the  principal  or  person  in  charge 
of  any  school  to  report  forthwith  to  the  local  health 
officer    all    fa^ts-    relating   to    the   illness    and    physical 


Reporting 
com- 
municable 
disease  in 
institutions. 


r.  tenor    to 
i  eport  dis- 

pre- 
Mumably 
communi- 
cable. 

Principal 
tO    r-  port   to 

health 

officer. 


140 


HEALTH  LAWS  OF  KENTUCKY 


Householder 
to  report 
cases  of  dis- 
ease  pre- 
sumably 
communi- 
cable. 


Nurses    and 
persons   in 
charge  of 
camps   to 
report  cases 
of    disease 
presumably 
f"^"s  muni- 
cable. 


Reporting 
cases    of 
disease   pre- 
sumably 
communi- 
cable on 
vessels. 


condition  of  any  child  attending  such  school,  who  ap- 
pears to  be  affected  with  any  disease  presumably  com- 
municable, together  with  the  name,  age,  and  address 
of  such  child.  Such  child  shall  be  at  once  sent  home  or 
isolated. 

Eule  14.  Reporting  cases  of  disease  presumably 
communicable  in  private  households,  hotels,  boarding 
and  lodging  houses.  When  no  physician  is  in  attend- 
ance, it  shall  be  the  duty  of  the  head  of  a  private  house- 
hold or  the  proprietor  or  keeper  of  any  hotel,  board- 
ing house,  or  lodging  house,  to  report  forthwith  to  the 
local  health  officer  all  facts  relating  to  the  illness  and 
physical  condition  of  any  person  in  any  private  house- 
hold, hotel,  boarding  house  or  lodging  house  under  his 
charge,  who-  appears  to  be  affected  with  any  disease 
presumably  communicable,  together  with  the  name  of 
such  person. 

Eule  15.  Reporting  cases  of  disease  presumably 
communicable  by  nurses  and  persons  in  charge  of 
camps  or  health  resorts.  It  shall  be  the  duty  of  every 
visiting  nurse  and  public  health  nurse  and  of  the  per- 
son in  charge  of  any  health  resort  or  labor  or  other 
camp,  having  knowledge  of  any  person  affected  with 
any  disease  presumably  communicable,  who  by  reason 
of  the  danger  to  others  seems  to  require  the  attention 
of  the  public  health  authorities,  to  report  at  once  to 
the  local  health  officer,  within  whose  jurisdiction  such 
case  occurs,  all  facts  relating  to  the  illness  and  physical 
condition  of  such  affected  person. 

Rule  16.  Reporting  cases  of  disease  presumably 
communicable  on  vessels.  It  shall  be  the  duty  of  the 
master  or  person  in  charge  of  any  vessel  lying  within 
the  jurisdiction  of  the  State  to  report  or  cause  to  be 
reported  immediately  in  writing  to  the  local  health 
officer  having  jurisdiction  at  such  ports  or  landings 
all  facts  relating  to  the  illness  and  physical  condition 
of  any  person  in  or  on  such  vessel  affected  with  any 
disease  presumably  communicable,  together  with  the 
name  of  such  affected  person. 


HEALTH  LAWS  OF  KENTUCKY 


141 


Rule  17.  Reporting  cases  of  communicable  dis- 
ease on  dairy  farms  by  physicians.  When  a  case  of 
Asiatic  cholera,  diphtheria,  amoebic  or  bacillary  dysen- 
rospinal  meningitis,  epidemic  or 
septic  sore  throat,  para-typhoid  fever,  poliomyelitis, 
anterior,  scarlet  fever,  smallpox,  or  typhoid 
fever  on  any  farm  or    dairy    producing    milk, 

i).  butter,  or  other  dairy  products  for  sale,  it  shall 
be  the  duty  of  the  physician  in  attendance  to  report 
ediately  to  the  local  health  officer  the  existence  on 
sue]  or  dairy  of  such  case. 

It  shall  be  the  duty  of  the  health  officer  to  report 

diately  to  the    state    board    of  health,    by  tele- 

phone  or  bence  oil    such    farm    or 

of  auch  ei  with  all  facts  as  to  the 

ion  of  such  case,  and   giving  the  names  of  the 

localities  to  which  such  dairy  products  are  delivered. 

Rule  18.    Reporting  cases  of  disease  presumably 

communicable  on  dairy  farms  by  owner  or  person  in 

charge.   When  no  physician  is  in  attendance,  it  shall 

ity  of  ili."  owner  «>r  person  in  charge  of  any 

dairy  producing  milk,  cream,  butter,  cheese, 

aer  food  products  likely  t<>  be  consumed  raw,  to 

ilt h  officer  the  name 
and  addl  \U  relating  to  the  illness  and 

dition  of  any  person,  who  is  affected  with 
any  d  My  communicable,  and  who  is  cm- 

ployed  or  r<  h  farm  or  dairy,  or 

comes   in  contaej    in   any   way   therewith    or   with    ils 

«!e  ID.    Diphtheria;  material  for  cultures  to  be 
submitted.  In  en  biefa  there  is  rea- 

son I  diphtheria,  it  shall  l>e  the  duty  of 

ling  physician  or.  if  the  local  health  author- 
equire,  of  the  health  officer  promptly  to  take 
irial  for  cultures  from  the  throat  of  the  suspected 
me  for  examination  to  a  State, 
county,  or  munici  logical  laboratory,  or  to 

a  laboratory  approved  by  tl,  Hoard  of  Health. 


Reporting1 
communi- 
cable dis- 
ease  on 

dairy  tarms, 
by  physi- 
cians. 


Reporting: 
disease   pre- 
sumably 
communi- 
cable on 

dairy   f.inn, 
by  owner 
or  person  in 
charge. 


Cultures 
when    there 

on  to 

■U0IX 

diphtheria. 


142 


HEALTH  LAWS  OF  KENTUCKY 


How    to    ob- 
tain   free 
antitoxins 
and    vac- 
cines. 


Ioslation    in 
oases  of 
communi- 
cable  dis- 


Adults   not 
to    be    quar- 
antined   in 
certain 
cases. 


Rule  20.  Whenever  any  legally  registered  phy- 
sician practicing  in  any  county  or  city  shall  certify 
to  the  local  health  officer  having  jurisdiction  that  any 
indigent  person  or  any  other  person  in  whom  disease 
endangers  the  public  health  in,  or  residing  within,  its 
jurisdiction  is  suffering  from  any  contagious  and  in- 
fectious disease  which  requires  antitoxin  or  vaccine 
for  its  treatment',  such  as  diphtheria,  or  has  been  ex- 
posed thereto  or  is  in  imminent  danger  of  contracting 
it,  thereby  endangering  the  health  and  lives  of  the 
people  of  county  or  city,  the  health  officer  shall,  with 
the  approval  of  the  county  judge  or  mayor,  provide  and 
furnish  such  person  or  persons  with  diphtheria  or  other 
antitoxin  or  vaccine  at  the  expense  of  the  county  or 
city  in  such  amount  as  may  be  deemed  necessary  by 
the  health  officer. 

Rule  21.  Typhoid  or  para-typhoid  fever;  samples 
of  blood  to  be  submitted.  In  every  case  of  illness  which 
there  is  reason  to  suspect  may  be  typhoid  or  para- 
typhoid fever  it  shall  be  the  duty  of  the  attending 
physician  to  take  a  sample  of  the  blood  of  the  sus- 
pected person  and  submit  the  same  for  an  agglutina- 
tion test  to  a  State,  county  or  municipal  bateriolog- 
ical  laboratory  or  to  a  laboratory  approved  by  the  State 
Board  of  Health. 

Rule  22.  Isolation  of  persons  affected  with  com- 
municable diseases.  It  shall  be  the  duty  of  every  phy- 
sician, immediately  upon  discovering  a  case  of  com- 
municable disease,  to  secure  such  isolation  of  the 
patient,  or  to  take  such  other  action,  as  is  required  by 
the  special  rules  and  regulations  which  from  time  to 
time  may  be  issued  by  the  local  health  authorities  or 
by  the  State  Board  of  Health. 

Rule  23.  Adults  not  to  be  quarantined  in  cer- 
tain cases.  When  a  person  affected  with  a  communi- 
cable disease  is  properly  isolated  on  the  premises,  ex- 
cept in  cases  of  smallpox,  adult  members  of  the  family 
or  household,  who  do  not  come  in  contact  with  the 
patient  or  with  his  secretions  or  excretions,  with  the 


HEALTH  LAWS  OF  KENTUCKY 


143 


approval  of  the  health  officer,  may  continue  their 
usual  vocations,  provided  such  vocations  do  not  bring 
them  in  close  contact  with  children,  nor  require  that 
shall  handle  food  or  food  products  intended  for 
sale. 

Rule  24.  Removal  of  cases  of  communicable  dis- 
ease. After  isolation  by  the  local  health  officer  no  per- 
son, without  permission  from  him,  shall  carry,  remove, 
or  cause  or  permit  to  be  carried  or  removed  from  any 
room,  building,  or  vessel  any  person  affected  with 
diphtheria,  Bearlet  fever,  smallpox,  or  typhus  fever. 
Without  permission  from  the  local  health  officer 
no  person  shall  carry,  remove,  or  cause  or  permit  to 
be  carried  or  removed  from  or  to  any  hotel,  boarding 
house,  lodging  house,  or  other  dwelling,  any  person 
affected  with  chickenpox,  diphtheria,  epidemic  cere- 
brospinal meningitis,  epidemic  or  septic  sore  throat, 
measles,  mumps,  poliomyelitis,  or  infantile  paralysis, 
scarlet  fever,  smallpox,  typhus  fever,  or  influenza  or 
whooping  cough. 

Without  permission  from  the  local  health  officer 
no  master  of  any  vessel  or  other  person  shall  remove 
or  aid  in  removing,  or  permit  the  removal,  from  any 
mi<  h  '-ore  of  any  person  affected  with 

any  communicable  d 

Rule  25.  Removal  of  articles  contaminated  with 
infective  material.     Without     instruction     from     the 

hall  carry,  remove,  or  cause 
or  permit  to  be  carried  or  removed  from  any  room, 
building,  or  vessel,  any  article  which  lias  been  sub- 
to  contamination  with  infective  mat. -rial  tin' 
contact  with  any  person  or  with  the  secretions  of  any 
with  Asiatic  cholera,  diphtheria,  scar- 
let fever,  smallpox,  byphoi  a,  pneumonia 
pus  fever,  until  such  article  has  been  disinfected 
according  to  the  special  rules  and  regulations  of  the 
state  board  of  health. 

Without  permission  of  the  local  health  officer  no 
master  of  any  vessel  or  othor  person  shall  remove  or 


Removal 
cases  of 
communi- 
cable  dis- 


ci: 


From   hotel, 

boarding    or 

lodging 

house. 

From 

vessels. 


Removal  of 
;ui  ioles 
contami- 
nated  with 
infective 
rial. 

From 

••Is. 


144 


HEALTH  LAWS  OF  KENTUCKY 


Right  of 
entrance 
smd    inspec- 
tion,  health 
oflicer, 
nurse,   etc. 


Physician 
to  give  in- 
structions 
in  regard  to 
disinfection 
and  disposal 
of  excreta. 


Physician 
to    give   in- 
structions 
as   to   disin- 
fection   of 
discharges. 


aid  in  removing  or  permit  the  removal  from  any  such 
vessel  to  the  shore  of  any  article  which  has  been  sub- 
ject to  contamination  with  infective  material  through 
contact  with  any  person  or  with  the  secretions  of  any 
person  affected  with  Asiatic  cholera,  diphtheria,  scarlet 
fever,  smallpox,  typhoid  fever,  or  typhus  fever. 

Rule  26.  Right  of  entrance  and  inspection.  No 
person  shall  interfere  with  or  obstruct  the  entrance 
to  any  house,  building,  or  vessel  by  any  inspector  or 
officer  of  the  State  or  local  health  authorities,  in  the 
discharge  of  his  official  duties,  nor  shall  any  person 
interfere  with  or  obstruct  the  inspection  or  examination 
of  any  occupant  of  any  such  house,  building,  or  vessel 
by  any  inspector  or  officer  of  the  State  or  local  health 
authorities,  in  the  discharge  of  his  official  duties. 

Rule  27.  Instructions  as  to  disinfection  of  ex- 
creta in  Asiatic  cholera,  dysentery,  para-typhoid  fever, 
and  typhoid  fever.  It  shall  be  the  duty  of  the  physi- 
cian in  attendance  on  any  case  suspected  by  him  to 
be  Asiatic  cholera,  dysentery,  para-typhoid  fever,  or 
typhoid  fever,  to  give  detailed  instructions  to  the 
nurse  or  other  person  in  attendance  in  regard  to  the 
disinfection  and  disposal  of  the  excreta.  Such  instruc- 
tions shall  be  given  on  the  first  visit,  and  shall  con- 
form to  the  special  rules  and  regulations  of  the  State 
Board  of  Health.  It  shall  be  the  duty  of  the  nurse 
or  person  in  attendance  to  carry  out  the  disinfection 
in  detail  until  its  discontinuance  is  permitted  by  the 
local  health  officer. 

Rule  28.  Instructions  as  to  disinfection  of  dis- 
charges in  diphtheria,  epidemic  cerebrospinal  men- 
ingitis, epidemic  or  septic  sore  throat,  measles,  polio- 
myelitis or  infantile  paralysis,  scarlet  fever,  small- 
pox, whooping  cough,  influenza  and  pneumonia.  It 
shall  be  the  duty  of  the  physician  in  attendance  on  any 
case  suspected  by  him  to  be  diphtheria,  epidemic  cere- 
brospinal meningitis,  epidemic  or  septic  sore  throat, 
measles,  poliomyelitis  or  infantile  paralysis,  scarlet 
fever,  smallpox,  whooping  cough,  influenza  and  pneu- 


HEALTH  LAWS  OF  KENTUCKY 


146 


monia,  to  give  detailed  instructions  to  the  nurse  or 
other  person  in  attendance  in  regard  to  the  disinfec- 
tion and  disposal  of  the  discharges  from  the  nose, 
mouth  and  ears  of  the  patient.  Such  instructions  shall 
be  given  on  the  first  visit  and  shall  conform  to  the  spe- 
cial rules  and  regulations  of  the  state  board  of  health. 
It  shall  be  the  duty  of  the  nurse  or  person  in  attend- 
ance to  carry  out  the  disinfection  in  detail  until  its 
discontinuance  is  permitted  by  the  local  health  officer. 
Rule  29.  Precautions  to  be  observed  by  physi- 
cians and  attendants.  The  physician  or  nurse  or  other 
neeessary  attendant  upon  a  case  of  diphtheria,  measles, 
or  scarlet  fever  in  and  after  attendance  upon  the  case, 
shall  in  their  r  robes  and  take  all  pre- 

cautions and  practice  measures  of  cleansing  or  disin- 
fects '  is  or  her  person  or  garments  to  prevent 
tli.'  conveyance  to  otli  material  from  the 
tit. 

Distribvticn  of  circulars.    It   shall   be 
the  duty  of  every  health  officer,  as  soon  as  a  case  of 

Mai    meningitis,    epi- 
tic  sore  throat,  measles,  is,  or 

tlysis,  scarlet  fe  Mallpox,    typhoid 

phus  fever,  influenza,  pneumonia,  or  whooping 
cough  is  reported  to  him,  or  as  soon  thereafter  as  pos- 
sible, to  give  every  family  or  ing  in  the 
building,  in  which  such  case  is,  the  circulars 
ii  and  copies  of  a 

language  understoo  ich  individual 

conc<  ises  which  may  be  issued  by  the 

'(1  «»f  heall  local  health  author 

very  family  or  In- 
divid ring  in  the  house  of  I  *ence  of  such 
ase. 

le  81.     Posting  placards.  When  a  ease  of  diph- 
ia,  epidemic    ce  inal    meningitis,    mei 

i&»  scarlet  fever,  small- 
whooping  COUgh,  or  typhus  fever  exists  in  any 
house,  oi  apartment,  or  room,  it  shall  bo  the  duty  of 


Precautions 
by  physi- 
cians and 
att<  adanta. 


Health    offi- 
eer   to 
tribute  cir- 
culars. 
t.  nanta  to 
be   notified. 


Poatinc 
placardi, 


146 


HEALTH  LAWS  OF  KENTUCKY 


Preventing 
spread  of 
communi- 
cable dis- 
ease  in   in- 
stitutions. 


the  health  officer  to  post  upon  such  house,  or  apart- 
ment, or  room,  or  rooms,  in  which  such  case  is  isolated, 
near  the  entrance  thereof,  a  placard  stating  the  ex- 
istence therein  of  a  communicable  disease. 

\v"itnrfTa-uce'         ■Kule  ^'    Interference  with  placards.    No  person 
cards.  shall  interfere  with  or  obstruct  the  posting   of  any 

placard  by  any  health  authority  in  or  on  any  place  or 
premises,  nor  shall  any  person  conceal,  mutilate,  or 
tear  down  any  such  placard,  except  by  permission  of 
the  health  authority. 

In  the  event  of  such  placard  being  concealed, 
mutilated,  or  torn  down,  it  shall  be  the  duty  of  the 
occupant  of  the  premises  concerned  immediately  to 
notify  the  local  health  officer. 

Rule  33.  Preventing  the  spread  of  communicable 
diseases  in  institutions.  It  shall  be  the  duty  of  the 
superintendent  or  person  in  charge  of  any  hospital, 
or  other  institution,  or  dispensary,  in  which  there  is 
a  person  affected  with  any  communicable  disease,  to 
take  such  steps  as  will,  so  far  as  practicable,  prevent 
the  spread  of  infection  and  trace  its  original  source. 

Rule  34.  Isolation  wards  required  for  institu- 
tions for  children.  Every  institution  for  children,  in 
which  twenty  or  more  children  sleep,  shall  be  provided 
with  at  least  one  isolation  ward,  or  room  or  apartment 
or  tent,  so  related  to  the  rest  of  the  building  as  to 
make  proper  isolation  therein  practicable. 

Rule  35.  Exposure  of  persons  affected  with  com- 
municable disease.  No  person  shall  permit  any  child, 
minor  or  other  person  under  his  charge,  affected  with 
diphtheria,  measles,  poliomyelitis,  acute  anterior  or 
infantile  paralysis,  scarlet  fever,  smallpox,  typhus 
fever,  influenza  or  pneumonia,  to  associate  with  others 
than  his  attendants. 

No  person  affected  with  any  of  said  diseases  shall 
expose  himself  in  such  manner  as  to  cause  or  contri- 
bute to,  promote  or  render  liable  their  spread. 


Isolation 
wards  re- 
quired   for 
institution 
for 
children. 


Exposure  of 
persons  af- 
fected with 
communi- 
cable dis- 
ease. 


HEALTH   LAWS  OF  KENTUCKY 


147 


Rule  36.  Needless  exposure  to  communicable  dis- 
ease forbidden.  No  person  shall  expose  or  permit  the 
visiting,  association,  or  contact  of  any  child,  minor,  or 
other  person  under  his  charge,  with  any  person  affected 
with  influenza,  pneumonia,  diphtheria,  measles,  scarlet 
.  smallpox,  typhus  fever,  whooping  cough,  sy- 
philis, gonorrhoea,  or  chancroid  in  the  infective  stages, 
or  with  discharges  of  any  kind  from  the  person  of  a 
patienl  affected  with  any  of  said  diseases. 

N  edlessly  expose  himself,  or  visit, 

or  associate,  or  com.'  in  personal  contact  with,  a  case  of 
ses,  or  the  discharges  therefrom,  or 
in  any  manner  i  contribute    to,   promote    or 

pread  thereof. 
Rule  ;i7.    Exclusion  from  school  of  cases  of  dis- 
ease presumably  communicable.  It  shall  be  the  duty  of 
the  principal  or  other  person  in  charge  of  any  public, 
private,  or  Sundi  iclude  therefrom  any 

child  or  o;her  person  affected  with  a  disease  presum- 
ably communicable  until  such  child  or  other  person 
shall  hav  a  certificate  Issued  by  the  health 

officer  or  medical  inspector,  or  by  the  attending  phy- 
i  and  count,  i  by  the  health  officer  or  by  the 

-  that  such  child  or  other  per- 
'it  liable  to  convey  infective  material. 
Knle  38.    Exclusion  from  schools  and  gatherings 
of  cases  of  certain  communicable  diseases.   No  i 

apox,  diphtheria,  epidemic  cere- 
brosp'  influenza,  epidemic  or  septic  sore 

poliomyelitis 
or  infantile  paralysis,  scarlel  fever,  nnall-pox,  trach- 
oma, or  v  iirh.  shall  attend  or  be  permitted 
to  attend  any  public,  private,  or  Sunday  school,  or  any 
public  or  private  ura'  Such  exclusion  shall  be 
for  such  time  and  and  ondit ions  as  may  be  pre- 
scribed by  the  local  health  authorities,  not  inconsistent 
with  the  provisions  of  the  rales  and  regulations  of  tho 
of  health. 


Needl< 

exposure    to 
communi- 
cable dis- 
ease   for- 
bidden. 


Inclusion 
from 

schools  or 
Sunday 
school,    dls- 

pre- 
■umably 
communi- 
cable, 


Kxdusion 
from 
school 
s/atherinrs, 
certain  com- 
municable 
diseases. 


148 


HEALTH  LAWS  OF  KENTUCKY 


Exclusion 
from 

schools    of 
children    of 
households. 


Chickenpox 
German 
measles, 
mumps, 
whooping- 
cough. 


Smallpox, 
removal, 
or  isolation, 


Vaccination 
or   quaran- 
tine of  in- 
mates of 
household. 


Rule  39.  Exclusion  from  schools  and  gatherings 
of  children  of  households  where  certain  communicable 
diseases  exist.  Every  child  who  is  an  inmate  of  a 
household  in  which  there  is,  or  has  been  within  fifteen* 
days,  a  case  of  influenza,  chickenpox,  diphtheria,  epi- 
demic cerebrospinal  meningitis,  German  measles,  meas- 
les, mumps,  poliomyelitis  or  infantile  paralysis,  scarlet 
fever,  smallpox,  or  whooping  cough,  shall  be  excluded 
from  every  public,  private,  or  Sunday  school  and  from 
every  public  or  private  gathering  of  children  for  such 
time  and  under  such  conditions  as  may  be  prescribed 
by  the  local  health  authorities,  not  inconsistent  with 
the  provisions  of  this  code  or  the  special .  rules  and 
regulations  of  the  state  board  of  health. 

Rule  40.  Precautions  to  be  observed  in  chicken- 
pox,  German  measles,  mumps,  and  whooping  cough. 
No  person  affected  with  chickenpox,  German  measles, 
mumps,  or  whooping  cough  shall  be  permitted  to  come 
in  contact  with  or  to  visit  any  child  who  has  not  had 
such  disease  or  any  child  in  attendance  at  school. 

Rule  41.  Isolation  or  removal  m  smallpox.  It  shall 
be  the  duty  of  every  health  officer,  in  his  discretion, 
whenever  a  case  of  smallpox  occurs  in  his  jurisdiction, 
if  a  suitable  isolation  hospital  is  available,  to  remove 
or  cause  to  be  removed  such  case  promptly  thereto. 
Every  inmate  of  the  household  where  such  case  occurs, 
and  every  person  who  has  had  contact  with  such  case, 
or  with  his  secretions  or  excretions,  shall  be  either 
vaccinated  within  three  daj^s  of  his  first  exposure  to 
the  disease  or  placed  under  quarantine,  and,  when 
vaccinated,  the  name  and  address  of  such  inmate  or 
other  person  shall  be  taken  and  such  inmate  or  other 
person  shall  be  kept  under  daily  observation.  Such 
observation  shall  continue  until  successful  vaccination 
results,  or  for  at  least  twenty  days.  If  such  inmate  or 
other  person  refuse  to  be  vaccinated,  he  shall  be  quar- 
antined until  discharged  by  the  local  health  officer. 

If  there  is  no  isolation  hospital  available,  the 
patient  shall  be  isolated  and  every  inmate  of  the  house- 


HEALTH  LAWS  OF  KENTUCKY 


140 


hold  shall  be  vaccinated  or  strictly  quarantined  until 
discharged  by  the  local  health  officer. 

Whenever  a  case  of  smallpox  occurs  in  his  juris- 
diction, it  shall  be  the  duty  or'  the  local  health  officer 
to  use  all  diligence  in  Becuring  the  names  and  addresses 
of  all  persons  who  have  had  contact  with  such  case, 
and  in  causing  such  persons  to  be  either  vaccinated  or 
placed  under  quarantine. 

Rule  42.     Provision  for  free  vaccination.   It  shall 
be  the  duty  of  the  board  of  health  of  every  county  or 
municipality  to  provide,  at  public  expense,  free  vac- 
cination for  all  indigent  persons  in  need  of  the  same. 
Rule  43.    Removal  to  hospital  or  isolation  and 
restriction  of  visiting  in  certain  cases.    It  shall  be  the 
duly  of  the  health  officer  to  remove,  or  cau^<'  to  be  re- 
casc  of  diphtheria,  measles,  scarlet  fever 
acute    anterior,     infantile     paralysis 
ptly  to  a  suitable  hospital,  or  to  see  that  such 
Such  isolation  shall  be  main- 

d   until    i  ntinuanee   is    permitted    by    Iho 

health  officer.  No  -lie  physician  and  the 

.'!  in    attendance,    shall    be    per- 
mitted to  come  in  ail  a  case  of  diph- 
theria                          let  fever  or  poliomyelitis,   acute 
or  infantile  part 

Quarantine    in    certain    emergencies. 

When  any  case  of  diphtheria,  •  -pidemic  c  pinal 

les,  scarl  poliomye- 

atile  par  or  typhus 

I    on    the 

lation 

luty  of  the  loeal  health  officer 

i  leaving 

the    ;  h    conditions   as    pro- 

lies. 
45.     Handling  of  food  forbidden  in  certain 
cases.   N<  I  with  any  communicable 

shall  handle   food  or  food   produefs   intended   for 


Vaccination 
or    quaran- 
tine  of  con- 
tacts. 


Board  of 
health  to 
provide  free 

vaccination. 


Removal    to 
al    or 

laolal  Ion. 
tctiOH 

of  visting. 


ntino 
of  <  ntire 
i  Mold, 

in    «  raer- 

!OS. 


Handling 
of    food 
forbidden. 


150 


HEALTH  LAWS  OF  KENTUCKY 


Carriers 
of  disease 
subject  to 
rules  and 
regulations 
of  state  de- 
partment. 


Duties  of 
physicians 
and    others 
concerning 
tubercu- 
losis. 


Duties  of 
health 
officer   con- 
cerning1   ap- 
parent  case 
of    tuber- 
culosis. 


Previously 
reported  by 
physician. 


sale,  which  are  likely  to  be  consumed  raw  or  liable  to 
convey  infective  material. 

No  person  who  resides,  boards  or  lodges  in  a  house- 
hold where  he  comes  in  contact  with  any  person  af- 
fected with  bacillary  dysentery,  diphtheria,  epidemic 
or  septic  sore  throat,  measles,  scarlet  fever,  poliomye- 
litis, acute  anterior,  or  infantile  paralysis,  or  typhoid 
fever,  shall  handle  food  or  food  products  intended  for 
sale. 

No  waiter,  waitress,  cook,  or  other  employee  of  a 
boarding  house,  hotel,  restaurant,  or  other  place  where 
food  is  served,  who  is  affected  with  any  communicable 
disease,  shall  prepare,  serve,  or  handle  food  for  others 
in  any  manner  whatsoever. 

Rule  46.  Carriers  of  disease  germs.  Any  person 
who  is  a  carrier  of  the  disease  germs  of  Asiatic 
cholera,  bacillary  dysentery,  diphtheria,  epidemic 
cerebrospinal  meningitis,  poliomyelitis  or  infantile 
parah'sis,  or  typhoid  fever,  shall  be  subject  to  the 
special  rules  and  regulations  of  the  state  board  of 
health. 

Rule  47.  Duties  of  physicians  and  other  persons 
concerning  tuberculosis.  It  shall  be  the  duty  of  every 
physician  or  other  person  required  to  perform  any  duty 
under  any  section  of  the  Kentucky  Statutes,  providing 
for  the  reporting  and  control  of  cases  of  tuberculosis, 
to  take  all  steps  incumbent  on  him  and  necessary  to 
carry  into  effect  the  provisions  of  the  said  law. 

Rule  48.  Duties  of  health  officer  on  receiving  re- 
port of  apparent  case  of  tuberculosis.  Upon  receiving 
a  report  in  writing  of  an  apparent  case  of  tuberculosis, 
as  authorized  by  the  public  health  law,  the  health  of- 
ficer shall  thereupon  take  the  following  steps: 

1.  If  the  alleged  case  has  been  previously  re- 
ported to  him  by  a  physician  as  having  tuberculosis 
and  the  latter  has  elected  to  assume  the  sanitary  super- 
vision thereof  as  permitted  in  the  public  health  law, 
the  health   officer   shall   ascertain   promptly   whether 


HEALTH  LAWS  OF  KENTUCKY 


151 


such  physician  is  maintaining  proper  sanitary  super- 
vision. 

2.  If  the  alleged  case  has  not  been  previously 
reported  to  him  as  having  tuberculosis,  the  health 
officer  shall,  in  conjunction  with  the  reporting  or  fam- 
ily physician,  if  any,  take  proper  measures  to  determine 
whether  there  is  reason  to  believe  such  person  is  af- 
fected with  pulmonary  tuberculosis  and  if  by  suitable 
physical  or  sputum  examination,  or  both,  he  ascertains 
that  the  person  is  affected  with  pulmonary  tuberculosis 
he  shall  then  proceed  in  accordance  with  the  provisions 

of  the  public  health  law  and  the  rules  of  the  Btatc 
board  of  health. 

3.  It  shall  be  the  duty  of  every  health  officer,  if 
.he  ascertains  that  a  physician  has  failed  to  report  a 

case  of  communicable  disease,  to  inform  the  physician 
of  his  failure  to  conform  with  the  law,  and  to  report 
to  the  State  Board  of  Health  the  name  of  every  phy- 
sician failing  to  report  cases  of  communicable  dis- 
eases. 

Kule  49.  Cleansing,  renovation,  and  disinfection 
required.  Adequate  cleansing  of  rooms,  furniture 
belongings,  when  deemed  necessary  by  the  local  health 
officer,  or  required  by  law,  shall  immediately  follow 
ath,  or  removal  of  a  person  affected 
with  a  communicable  disease.  Such  cleansing  shall 
be  performed  by  and  at  of  the  occupant 

of  sai<l  premises,  upon  the  order  and  under  the  direc- 

of  the  local  health  officer  or  his  assistants. 

Kule  50.  Methods  and  precautions  in  cleansing, 
renovation  and  disinfection.  The  following  methods 
and  precautions  shall  be  <»hserved  in  cleansing,  reno- 
vation and  disinfects 

(a)  Cleansing  shall  be  secured  by  the  thorough 
removal  of  dust  and  other  contaminating  material  in 
such  a  way  as  to  prevent  the  entry  thereof,  as  far  as 
may  be  possible,  into  other  rooms  or  dwellings;  wash 
ing  with  soap  and   water;  scouring;  airing;  and  ex- 


Not   previ- 
ously   re- 
ported by 
physician. 


Delinquent 
physicians 
to    be   re- 
ported  to 
state  de- 
partment. 


Cleansing:, 
at  expense 
of   occupant 
of   prem- 
ises. 


Cleansing, 
methods 
and    pre- 
cautions. 


152 


HEALTH  LAWS  OF  KENTUCKY 


Renovation, 
methods 
and    precau- 
tions. 


Disinfec- 
tion, 
methods 
and    precau- 
tions. 


Destruction 
of    furni- 
ture,    cloth- 
ing-,   etc., 
upon  order 
of   health 
officer. 


Cleansing- 
and  disin- 
fection of 


posure  to  sunlight;  in  accordance    with    the    special 
rules  and  regulations  of  the  state  board  of  health. 

(b)  Renovation  shall  be  secured  by  removing  old 
paper  from  walls  and  ceilings  and  repainting,  recalc- 
mining,  or  repapermg  ox  wans,  ceilings,  and  woodwork 
as  may  be  ordered  by  the  local  health  officer  in  ac- 
cordance with  the  special  rules  and  regulations  of  the 
state  board  of  health. 

(c)  Disinfection  of  rooms  shall  be  secured  by  the 
use  of  such  disinfecting  agents  in  such  quantities  and 
in  such  manner  and  of  such  sterilizing  procedures  as 
may  be  ordered  by  the  local  health  officer,  in  accord- 
ance with  the  special  rules  and  regulations  of  the 
state  board  of  health.  When  gaseous  disinfectants 
are  to  be  used,  all  cracks,  crevices,  and  openings  into 
the  room  shall  first  be  pasted  over  with  paper.  There'- 
after  all  rugs,  carpets,  upholstered  furniture,  and  such 
textile  fabrics  in  the  said  room  as  cannot,  in  the  opin- 
ion of  the  local  health  officer,  be  washed  or  soaked  in 
a  disinfecting  solution,  may  be  removed  for  disin- 
fection by  steam  when  ordered  by  the  local  health 
officer,  in  accordance  with  the  special  rules  and  regu 
lations  of  the  state  board  of  health.  Thorough 
cleansing,  the  use  of  soap  and  water,  and  full  ex- 
posure to  fresh  air  and  sunlight  for  a  few  days  are 
most  efficient  means  of  removing  infective  material, 
not  only  from  the  walls  and  floors  of  rooms,  but  also 
from  furniture  and  other  articles. 

Rule  51.  Destruction  of  furniture,  clothing  and 
other  articles.  Furniture,  bedding,  clothing,  carpets, 
rugs,  and  other  articles,  which  may  have  been  contami- 
nated with  infective  material  from  any  case  of  diph- 
theria, scarlet  fever,  or  smallpox,  and  which  are  of 
such  a  nature  or  in  such  condition  that  they  cannot, 
in  the  opinion  of  the  local  health  officer,  be  properly 
cleansed,  disinfected,  or  sterilized,  shall  upon  his 
order  be  destroyed  in  the  manner  designated  by  him. 

Eule  52.  Cleansing  and  disinfection  of  the  per- 
son.   It  shall  be  the  duty  of  the  patient,  upon  con- 


HEALTH  LAWS  OF  KENTUCKY 


153 


valescence  or  recovery  from  any  communicable  dis- 
ease, and  of  the  nurse  or  persons  in  attendance  on  such 
case,  throughout  the  course  of  the  disease  as  well  as 

9  close,  suitably  to  cleanse  and,  when  necessary,  to 

feet  their  persons  in  accordance  with  the  manner 
prescribed  by  the  special  rules  and  regulations  of  the 
state  board  of  health. 

Rule  53.  Letting  of  rooms  forbidden  while  con- 
taminated with  infective  material.  No  proprietor  of 
a  hotel,  boarding  house,  or  lodging  house  shall  let  for 
hire  or  cause  or  permit  anyone  to  occupy  a  room  or 
occupied  by  a  person  affected 
with  influenza,  pneumonia,  diphtheria,  epidemic  cere- 
brospinal meningitis,  measles,  poliomyelitis  or  infan- 
.  scarlet  fever,  smallpox,  tuberculosis,  or 
typhus  fever,  until  such  room  or  apartment   has  been 

sed,  renovated,  or  disinfected,  under  the  direction 
of  the  local  health  officer. 

When  an  order  requiring  the  cleansing,  renova- 
tion, or  d  "f  articles  or  not  com- 
plied with,  the  local  health  officer  shall  post  a  placard 
on  the  premises,  reading  as  folio? 

<•:    These  aparl  have  (or  this  room 

has)  been  occupied  by  a  p  ffected  with     

a  in  be  occupied  until  orders 
taction  have  been 
complied  with.  This  notice  must  not  1»"  removed  under 
penalty  of  the  law. 
Date 

Health   Officer." 

Rule  54.    Duties  of  common  carriers  during  epi- 
demics.   Whenever   I  >ard  of  health   shall 
public  declaration  of  the  existence  of  an  epi« 
ic  of  a  communicable  disease  in  any  municipality, 
mall  notify  the  l"<-;il  health  board  or  officer  of 
such  declaration  the  state  board  of  health  may  de 
clare.               declaration  shall  have  the  force  and  ef- 
fect of  law,  that   no  common  carrier  shall  receive  or 


persoh  by 

patient, 
nurse,    etc. 


Occupation 
of   rooms 
forbidden 
until 
cleansed, 
renovated  or 
disinfected. 


Health 

officer    may 

placard 

premises. 


Putins   Of 

common 
carriers 

epidemics. 


154  HEALTH  LAWS  OF  KENTUCKY 

admit  any  person  for  carriage  or  transportation  in 
such  municipality  except  upon  the  presentation  and 
surrender  to  the  agent,  conductor,  or  other  person  in 
charge  of  the  conveyance,  in  which  such  person  desires 
to  travel,  or  a  certificate  by  the  local  health  officer  to 
ihe  effect  that  such  person  is,  in  the  opinion  of  the 
officer  issuing  the  same,  free  from  the  disease  theu 
epidemic,  and  that  such  person  may  be  received  and 
carried  without  danger  to  the  general  public  health, 
and  giving  in  plain,  legible  writing  the  name,  residence, 
and  place  of  destination  of  such  person;  and  said 
declaration  may  further  provide  that  no  person  shall 
board  or  enter  any  such  conveyance  without  such  cer- 
tificate. 

Such  certificate  shall  be  filed  in  the  office  of  the 
state  board  of  health  by  the  common  carrier  receiv- 
ing the  same  within  thirty-six  hours  after  the  receipt 
therof. 

The  provisions  of  this  regulation  shall  not  apply 
to  common  carriers  carrying  passengers  wholly  within 
the  limits  of  the  municipality  affected. 
byacommon  Rule  55.    Placarding  by  common  carriers.   When 

the  declarations  are  made  as  provided  in  the  preced- 
ing regulation,  and  a  common  carrier  of  passengers 
or  an  officer  or  agent  thereof  is  notified  by  the  state 
board  of  health  or  by  the  local  health  officer  of  such 
declaration,  it  shall  be  the  duty  of  such  common  carrier 
of  passengers  operating  public  conveyances  in  any 
such  municipality  to  forthwith  conspicuously  place  or 
post  in  every  station,  within  such  area  as  the  state 
board  of  health  may  designate,  and  in  every  con- 
veyance the  placard  herinafter  described,  and  to  keep 
the  same  posted  until  the  epidemic  is  declared  ended 
by  the  state  board  of  health : 

"Warning 

There   is   an   outbreak   of in 

(give  name  of  the  disease  and  of  city,  town  or  village) 
Passengers  are  cautioned. 

State  Board  of  Health." 


by   common 
carriers 


HEALTH  LAWS  OF  KENTUCKY 


155 


Said  placard  shall  be  in  heavy  block  letters  in  red 
ink  on  a  white  background,  with  each  letter  not  less 
than  two  inches  in  height  and  one  and  a  half  inches  in 
width,  and  shall  be  posted  so  that  the  same  shall  be 
in  plain  view  of  passengers  when  they  are  seated. 

Any  common  carrier  aforesaid  entering  any  such 
municipality  shall  post  such  placard  in  such  convey- 
ance in  the  manner  aforesaid  at  least  one  hour  before 
arriving  in  any  municipality  in  which  an  epidemic  is 
declared  to  exist,  and  shall  keep  the  same  posted  not 

than  half  an  hour  after  departing  therefrom. 

Rule  •"><;.  Duties  of  undertakers.  It  shall  be  the  Duties  of 
duty  of  every  undertaker  taking  charge  of  the  prepara-  takers. 
tion  for  burial  oi  the  body  of  any  person  to  ascertain 
whether  Bach  person  died  of  a  communicable  disease 
and  it'  Bach  person  died  of  Asiatic  cholera,  diphtheria, 
[emic  cerebrospinal  meningitis,  glanders,  plague, 
scarlet  fever,  smallpox,  or  typhus  fever  it  shall  be  his 
dnt;  immediately  to  be  wrapped  in  a  sheet 

saturated  with  disinfecting    solution    and     promptly 

rafter  pis 1   in  a  coffin  or  casket,  which  shall 

then  he  immediately  and  permanently  closed.  This  reg- 
ulation shall  not  he  construed  to  prohibit  the  embalm- 
ing of  any  such  body,  bat  the  undertaker  shall  cause 
inch  embalming  to  be  done  immediately  upon  taking 
charge  of  the  body,  except  that,  when  a  permit  for 
embalming  is  required,  this  shall  not  proceed  until 
the  receipt  of  such  permit.  But  immediately  after  the 
embalming  ho  shall  cause  rash  body  to  be  wrapped  in 
a  sheet  and  plae.d  in  a  coffin  or  casket  as  hereinabove 
directed. 

After  handling,  embalming,  or  preparing  for  burial 
the  body  of  a  person  dead  of  any  of  the  communicable 
i ted  in  this  regulation,  such  parts  of 
the  persons,  g  .  and  nt<  n^ils  or  other  articles  of 

the  undertaker  or  his  a  *,  as  may  have  been 

liable  to  contamination  with  infective  material,  shall  be 
immediately  cleansed  or  disinfected  or  sterilized  in  the 


Embalm- 
ing. 


156 


HEALTH  LAWS  OP  KENTUCKY 


Public 
funerals 
forbidden 
in  certain 
cases. 


manner  prescribed  by  the  rules  and  regulations  of  the 
State  Board  of  Health. 

Rule  57.  Public  funerals  forbidden  in  certain 
cases.  A  public  or  a  church  funeral  shall  not  be  held 
of  any  person  who  has  died  of  diphtheria,  measles,  scar- 
let fever,  smallpox,  or  typhus  fever,  unless  the  body 
is  enclosed  in  a  properly  sealed  casket,  and  the  con- 
sent of  the  local  health  officer  has  first  been  obtained. 


THE  VENEREAL  DISEASES. 


All  venereal 
diseases  to 
be  reported. 


Information 
to  be  given 
patient. 


Health 

officer   to 

investigate. 

Syphilis, 

gonorrhea 

and 

chancroid. 


Rule  58.  Any  physician  or  other  person  who 
makes  a  diagnosis  in,  or  treats,  a  case  of  syphilis, 
gonorrhea  or  chancroid,  and  every  superintendent  or 
manager  of  a  hospital,  dispensarj^,  or  charitable  or 
penal  institution,  in  which  there  is  a  case  of  venereal 
disease,  shall  report  such  case  immediately  in  writing 
to  the  local  health  officer,  stating  the  name  and  address 
or  the  office  number,  age,  sex,  color  and  occupation 
of  the  diseased  person,  and  the  date  of  onset  of  the 
disease,  and  the  probable  source  of  the  infection,  pro- 
vided, that  the  name  and  address  of  the  diseased  per- 
son need  not  be  stated  except  in  a  sealed  envelope  and 
sent  to  the  local  health  officer,  who  shall  report  weekly 
on  the  prescribed  form  to  the  state  board  of  health, 
all  cases  reported  to  him. 

Rule  59.  Patients  to  be  given  information.  It 
shall  be  the  duty  of  every  physician  and  of  every  other 
person  who  examines  or  treats  a  person  having  syphilis, 
gonorrhea  or  chancroid,  to  instruct  him  in  measures 
for  preventing  the  spread  of  such  disease,  and  inform 
him  of  the  necessity  for  treatment  until  cured,  and 
to  hand  him  a  copy  of  the  circular  of  information  ob- 
tainable for  this  purpose  from  the  state  board  of 
Health. 

Rule  60.  Investigation  of  cases.  All  city,  county, 
and  other  local  health  officers  shall  use  every  available 
means  to  ascertain  the  existence  of,  and  to  investigate, 
all  cases  of  syphilis,  gonorrhea  and  chancroid  within 


HEALTH  LAWS  OF  KENTUCKY  117 

ir  several  territorial  jurisdictions,  and  to  ascertain 
the  sources  of  such  infections.    Local  health  officers 
are   hereby   empowered   and   directed   to   make   such 
:  ii nations  of  persons  reasonably  suspected  of  hav- 
syphilia,  gonorrhea,  or  chancroid,  as  may  be  nec- 
essary for  carrying  out  these  regulations  Owing  to  the 
valence  of  such  diseases  among  prostitutes  and  per- 
with  them,  all  such  persons  are  to  be 
considered  within  the  above  class. 

Bale  61.    Submitting  specimens  for  laboratory  ex-    Reporting 
animation  in  cases  of  syphilis,  gonorrhoea  and  chan-   pnyaieians. 
croid.    Tt  shall  be  the  duty  of  every  physician  to  sub- 
promptly  to  the  laboratory  of  the  state  board  of 
health  or  to  a  laboratory  approved  by  such  board  for 
this  purpose,  rach  specimens  for  laboratory  examina- 
■h  data  relating  thereto,  as  may  be  prescrib- 
;u  the  special  rules  and  regulations  issued  by  the 
ealth,  ft  itih 

any  one  of  the  communicable  diseases  mentioned  in 
role  4,  group B,  or  from  any  person  in  whom  suspicion 
h  disease  ex: 
Knl.'  62.    Protection  of  others  from  infection  by 
venereally  diseased  persons.   Upon  receipt  of  a  report 

hall  he  the  duty  of  the 
1  health  officer  to  i*  >r  the  pro- 

>m  infection  by  such  ven- 
ereally d  -on. 

a.     Loeal    health    officers    are    authorized   and    di- 
tarantine  p»  n  ho  have,  or  are  reason - 

•  el, aneroid 

r.  in  th(  opinio  id  local  health  <>ffi- 

'   of  health   or  its  ry, 

qua  ion  of  the  pnb- 

lie  health.    In  i  inc  quai  he  health  offi- 

the   limits  of  the  area 

in  which  the  person  known  to   have   or   reasonably 

BUS]  i  liea,  or  chancroid 

immediate  mt  are  to  be  quarantined 

and  do  peraons  other  than    the   attending    physician 


158  HEALTH  LAWS  OF  KENTUCKY 

shall  enter  or  leave  the  area  of  quarantine  without  the 
permission  of  the  local  health  officer. 

No  one  but  the  local  health  officer  shall  term- 
inate said  quarantine,  and  this  shall  not  be  done  until 
the  diseased  person  has  become  non-infectious,  as  de- 
termined by  the  local  health  officer  or  his  authorized 
deputy  through  the  clinical  examination  and  all  nec- 
essary laboratory  tests,  or  until  permission  has  been 
given  him  so  to  do  by  the  state  board  of  health  or  its 
its  secretary. 

b.  The  local  health  officer  shall  inform  all  per- 
sons who  are  about  to  be  released  from  quarantine 
for  venereal  diseases,  in  case  they  are  not  cured,  what 
further  treatment  should  be  taken  to  complete  their 
cure.  Any  person  not  cured  before  release  from  quar- 
antine shall  be  required  to  sign  the  following  state- 
ment after  the  blank  spaces  have  been  filled  to  the 
satisfaction  of  the  health  officer: 

I,  residing  at 

hereby  acknowledge  the  fact  that  I  am  at  this  time 
infected  with and  agree  to  place  my- 
self under  the  medical  care  of  

(name  of  physician  or  clinic,  and  address)  within 
hours,  and  that  I  will  remain  under  treat- 
ment of  said  physician  or  clinic  until  released  by  the 
health  officer  of  or  until  my  case  is  trans- 
ferred with  the  approval  of  said  health  officer  to 
another  regularly  licensed  physician  or  an  approved 
clinic. 

I  hereby  agree  to  report  to  the  health  officer 
within  four  days  after  beginning  treatment  as  above 
agreed,  and  will  bring  with  me  a  statement  from  the 
above  physician  or  clinic  of  the  medical  treatment  ap- 
plied in  my  case,  and  thereafter  will  report  as  often  as 
may  be  demanded  of  me  by  the  health  officer. 

I  agree,  further,  that  I  will  take  all  precautions 
recommended  by  the  health  officer  to  prevent  the 
spread  of  the  above  disease  to  other  persons,  and  that 


HEALTH  LAWS  OF  KENTUCKY  159 

I  will  not  perform  any  act  which  would  expose  other 
persons  to  the  above  disc 

I  agree,  until  finally  released  by  the  health  officer, 
to  notify  him  of  any  change  of  address  and  to  obtain 
his  consent  before  moving  my  abode  outside  his  jur- 
isdiction. 

i Signature. 

Date  

All  persons  signing  the  above  agreement  shall  ob- 
Berve  its  provisions  and  any  failure  so  to  do  shall  be 
a  violation  of  these  regulations.   All  Buch  agreement 
shall   ho  filed   with  the  health  officer  and  kept  inac- 
sible  to  tin-  public  as  provided  in  Rule  GS. 
KuL    6 ::.    Conditions  under  which  the  name  of  a   oY'patfen?6 
patient  is  required  to  be  reported,   a.    When  a  person   ^rted. 
applies  to  a  physician  or  other  person  for  the  diagnosis 
or  treatment  of  syphilis,  gonorrhea,  or  chancroid,  it 
.shall  be  the  .luiy  of  the  physician  or  person  consulted 
to   inquire  of  and  ascertain  from  the  person  seeking 
or  diagnosis,  whether  such  person  lias 
theretofore  consulted  with  or  has  been  treated  by  any 
other  physician  or  person  and.  if  so,  to  ascertain  the 
name  and  address  of  th  ian  or  person  last  con- 

hall    be    the    duty    of    the    applicant    for 
diagnosis  or  to  furnish  this  information  and 

a  refusal  to  do  so  or  a  falsification  of  the  name  and 
of  such  physician  or  ach 

ap|  all  be  deemed  a  violation  of  these  regu 

the  duty  of  sician  or  other 

mm  whom  the  applicant  consults  to  notify  the  phy- 
ian  or  other  person  last  consulted,  of  the  change  of 
advisers.    Should  the  physician  or  person  previously 
consulted   fail  to  receive  such  notice  within  10  days 
after  the  1;  upon  which   the   patient  was   in- 

I  by  bin  it  shall  he  the  duty  of  such 

physician  i  r  person  to  report  to  the  local  health  officer 
the  name  and  address  of  snob  venereally  diseased  per- 


160 


HEALTH  LAWS  OF  KENTUCKY 


Druggists 
must  not 
prescribe   or 
treat    eases. 


Spread   for- 
bidden. 


Prostitution 
to  be  sup- 
pressed. 


Restriction 
of  certifi- 
cates   to 
venereals. 


b.  If  an  attending  physician  or  other  person 
knows  or  has  good  reason  to  suspect  that  a  person 
having  syphilis,  gonorrhea  or  chancroid  is  so  conduct- 
ing himself  or  herself  as  to  expose  other  persons  to 
infection,  or  is  about  to  so  conduct  himself  or  herself, 
he  shall  notify  the  local  health  officer  of  the  name  and 
address  of  the  diseased  person  and .  the  essential  facts 
in  the  case. 

Rule  64.  Druggists  forbidden  to  prescibe  for  ven- 
ereal diseases.  No  druggist  or  other  person  not  a  phy- 
sician licensed  under  the  laws  of  the  State  shall  pre- 
scribe or  recommend  to  any  person  any  drugs,  medi- 
cines or  other  substances  to  be  used  for  the  cure  or 
alleviation  of  gonorrhea,  syphilis  or  chancroid,  or 
shall  compound  any  drugs  or  medicines  for  said  pur- 
pose from  any  written  formula  or  order  not  written 
for  the  person  for  whom  the  drugs  or  medicines  are 
compounded  and  not  signed  by  a  phj^sician  licensed 
under  the  laws  of  the  State. 

Rule  65.  Spread  of  venereal  disease  unlawful. 
It  shall  be  a  violation  of  these  regulations  for  any  in- 
fected person  knowingly  to  expose  another  person  to 
infection  with  any  of  the  said  venereal  diseases  or  for 
any  person  to  perform  an  act  which  exposes  another 
person  to  infection  with  venereal  diseases. 

Rule  66.  Prostitution  to  be  repressed.  Prostitu- 
tion is  hereby  declared  to  be  a  prolific  source  of  syphi- 
lis, gonorrhea,  and  chancroid,  and  the  repression  of 
prostitution  is  declared  to  be  a  public  health  measure. 
All  local  and  State  health  officers  are  therefore  directed 
to  co-operate  with  the  proper  officials  whose  duty  it  is 
to  enforce  laws  directed  against  prostitution  and  other- 
wise to  use  every  proper  means  for  the  repression  of 
prostitution. 

Rule  67.  Giving  certificates  of  freedom  from 
venereal  diseases  prohibited.  Physicians,  health  offi- 
cers and  all  other  persons  are  prohibited  from  issuing 
certificates  of  freedom  from  venereal  disease,  provided 
this  rule  shall  not  prevent  the  issuance  of  necessary 


HEALTH  LAWS  OF  KENTUCKY 


161 


statements  of  freedom  from  infectious  diseases  writ- 
ten in  such  form  or  given  under  such  safeguards  that 
their  use  in  solicitation  for  sexual  intercourse  would  be 
impossible. 

Rule  68.    Records  to  be  kept  secret.   All  informa- 
tion and  rep*'  persona  infected  with  ven- 
9  shall  be  inaccessible  to  the  public  except 
far  as  publicity  may    attend   the    performance 
of  the  duties  imposed  by  these  regulations  and  by  the 
laws  of  the  State. 


Secrecy  of 
records. 


SCHOOLS. 

Rule  69.  No  person  afflicted  with  tuberculosis  or 
any  other  communicable  disease  shall  be  admitted  in- 
to any  public  or  private  school,  as  teacher  or  pupil. 

Rule  70.     No   parent,  guardian  or  other  person, 

having  charge  or  control  of  any  child  or  children,  shall 

allow  or  permit  any  such  child  or  children  to  go  from 

any  house  or  building  infected  with  intluenza,  scarlet 
.  diphtheria,  smallpox,  measles,  whooping  cough, 

cholera  or  other  contagious  0T  infectious  disease  dan- 
gerous to  public  health,  to  attend  any  public  or  private 
ol, 

luih'   71.      No    person    Shall    he   admitted    into   au\ 

public  or  private  school  who  may  recently  have  been 

affected    with    smallpox,    scarlet     \'wv\\     diphtheria, 

cholera,  whooping  cough,  measles  or  other  contagious 

or  infectious  diseases  dangerous  to  public  health,  nor 

from  an\  of  the  «i  named,  until  twenty-one  days 

complete  recovery,  and  without  first  presenting 

•iiieate  signed  by  a  legally  red  physician 

r  <>;  communicating  such  disease  to  others 

•  1. 

le  72.    The  county,  city  and  town  health  officers 

shall  I    hygienic    supervision    over    tin' 

Schools  and  school  houses  within  their  respective  jur- 
isdictions, and  where  defects  are  found  it  shall  be 
the  duty   of  said   officers  to   immediately  call  the  at- 


Tuberculous 
teachers  or 
pupils  not 

admitted. 


No    teacher 
or    pupil    re- 
cently  af- 
fected   by, 
or  from 

Ik »us.  s 

where  con- 
tagious dis- 
ease exists 
admitted. 


Health 
officers 

special    sup- 

en  ision 
over. 


II.  L.— G 


162 


HEALTH  LAWS  OF  KENTUCKY 


All   school 
houses  not 
connected 
with  sewers 
to  be  pro- 
vided with 
septic   tank 
privies. 


tention  of  the  school  authorities  thereto,  and  see  that 
they  have  them  removed,  by  legal  action  if  necessary. 
Rule  73.  All  school  houses  not  connected  with 
an  approvecLsystem  of  sewers  shall  be  provided  with  a 
Kentucky  sanitary  privy,  proportioned  in  size  to  the 
number  of  persons  likely  to  use  it.  The  house  on  it  to 
have  one  compartment  for  girls  and  one  for  boys,  with 
a  dead  wall  between  them,  located  below  the  level  of 
or  draining  away  from  or  remote  from  the  well  or 
spring ;  to  be  under  the  charge  of  some  reliable  person 
to  'keep  them  constantly  clean  and  provided  with 
toilet  paper,  and  who  will  daily  pour  at  least  four 
gallons  of  water  through  each  hole  in  the  seat  and  the 
urinal,  and  follow  the  other  printed  instructions,  to 
be  furnished  by  the  board  for  posting  in  each  privy. 


VACCINATION. 


Vaccination 
compulsory. 


Employ- 
ment of  un- 
vaccinated 
persons  un- 
lawful. 


Unvacci- 
nated    per- 
sons  ex- 
cluded  from 
schools. 


Rule  74.  Every  child  shall  be  vaccinated  before  it 
becomes  one  year  of  age,  and  this  board  recommends 
that  all  persons  be  revaccinated  as  often  as  once  in 
seven  years. 

Rule  75.  All  corporations,  partnerships,  com- 
panies or  persons  within  the  jurisdiction  of  this  board 
shall  require  each  employe  for  any  kind  of  service  to 
be  vaccinated  previous  to  employment,  unless  proof 
is  furnished  of  successful  vaccination  within  seven 
years  or  that  the  employe  has  had  smallpox,  and  any 
one  employing  a  person  in  violation  of  this  rule  shall 
be  guilty  of  a  separate  offense  for  each  day  that  such 
employe  shall  be  sick  with  smallpox,  and  liable  for 
the  cost  of  his  maintenance.  Every  person  in  Kentucky 
is  required  by  law  to  be  vaccinated.  (Sec.  4608,  Ky. 
Stats.)  This  rule  is  to  provide  that  no  one  violating 
the  statute  shall  be  employed. 

Rule  76.  No  person  shall  become  a  member  of 
any  public  or  private  school  within  the  jurisdiction  of 
this  board,  as  teacher  or  scholar,  without  furnishing 
a  certificate  from  some  reputable  physician  that  he  or 


HEALTH  LAWS  OF  KENTUCKY 


163 


she  has  been  successfully  vaccinated,  and  has  been  re- 
vaccinated  at  least  once  each  seven  years. 

Role  77.  Vaccination,  a  very  imporant  procedure, 
should  be  done  by  a  competent  physician  with  the 
cleanliness  and  septic  precautions  observed  in  all 
surgical  operations,  at  three  points  an  inch  and  a  half 
apart  on  a  clean  arm.  should  dry  for  30  minutes,  and 

i't  open.  No  so-called  shields  of  any  kind  should 
ever  be  put  on. 


Vaccina- 
tion to  be 
done  by 
physicians 
with  all 
aseptic 
care. 


DAIRIES  AND  DAIRY  CATTLE. 

Rule  78.  No  building  shall  be  used  for  stabling 
cows  for  dairy  purposes  which  is  not  well  lighted,  ven- 
tilated, which  is  not  provided  with  a  suitable  floor, 
laid  with  proper  grades  and  channels  to  carry  off  all 
drainage,  and  drain  constructed.  If  a  public  sewer  abuts 
the  premises  upon  which  sneh  buildings  are  .located, 
they  shall  be  connected  therewith  and  furnished  with 
proper  sanitary  traps.  No  building  shall  be  used  for 
such  purposes  which  is  not  provided  with  good  and 
sufficient  feeding  troughs  or  boxes,  and  with  a  covered, 

r  tight  receptacle,  outside  the  building  for  the  re- 
ception of  dung  or  other  refuse. 

Bole  79.  No  water  closet,  cesspool,  urinal,  in- 
habited room  or  workshop  shall  be  located  within  any 
building  or* shed  used  for  stabling  cows  for  dairy  pur- 
poses, or  for  the  storage  of  milk  or  cream,  nor  shall  any 
fowl,  hog,  horse,  sheep  or  goat  be  kept  in  any  room 
rach  purpose.  No  space  in  buildings  or  sheds 
ling  cows  shall  be  less  than  five  hundred 
cubic  feet  for  each  cow,  and  the  stalls  therefor  shall 
not  be  less  than  four  feet  in  width. 

Rule  80.     It  shall  be  the  duty  of  each  person  using 

any  premises  for  keeping  cows  for  dairy  purposes  to 

keep  such  premises  thoroughly  clean  and  in  good  re- 

!1   painted  or  whitewashed  at  all  times. 

■y  person  keeping  cows  for  the  production  of  milk 
for  sale,  shall  cause  ev»  i  v  sow  to  be    leaned  every  day, 


Dairy 
buildings, 
ventilation 
and  drain- 
age. 


Care  of 
water 

closets, 
urinals. 


Cows  to  be 
cleaned 
dnlly; 
pure  water 


164 


HEALTH  LAWS  OF  KENTUCKY 


Premises, 
cows,    ice 
boxes  and 
refriger- 
ators to  be 
safe- 
guarded. 


Care   of 
bottles, 
cans, 
measures 
and  chem- 
icals. 


and  to  be  properly  fed  and  watered  and  every  person 
using  any  premises  for  keeping  cows,  shall  cause  the 
yard  used  in  connection  therewith  to  be  provided  with 
a  proper  receptacle  for  drinking  water  for  such  cows, 
none  but  fresh,  pure  water  to  be  used  in  such  re- 
ceptacle. 

Rule  81.  Any  enclosure  in  which  cows  are  kept 
shall  be  graded  and  drained  so  as  to  keep  the  surface 
reasonably  dry  and  to  prevent  accumulation  of  water 
therein,  except  as  may  be  permitted  for  the  purpose 
of  supplying  drinking  water;  no  garbage,  urine,  fecal 
matter  or  similar  substances  shall  be  placed  or  allowed 
to  remain  in  or  near  such  enclosure ;  and  no  open  drain 
shall  be  allowed  to  run  through  it.  Any  person  using 
any  premises  for  keeping  cows  for  dairy  purposes  shall 
provide  and  use  a  sufficient  number  of  receptacles, 
made  of  non-absorbent  materials,  for  the  reception  of, 
storage,  and  delivery  of  milk,  and  shall  cause  all  milk 
to  be  removed  without  delay  from  the  room  in  which 
the  cows  are  kept.  No  milk  shall  be  kept  in  ice  boxes 
or  refrigerators  which  are  in  any  way  connected  with 
sewers  or  cesspools;  nor  shall  any  milk  be  kept  in 
the  same  compartment  of  any  ice  box  or  refrigerator  in 
which  meats  or  any  other  articles  of  food  are  kept. 

Rule  82.  All  bottles,  cans,  measures  and  other 
receptacles  for  milk  shall  be  scalded  with  boiling  water 
or  live  steam  daily;  they  must  not  be  rinsed  in  cold 
water  before  using,  for  the  water  may  not  be  pure, 
and  some  of  it  remaining  in  the  vessels  may  contam- 
inate the  milk.  All  milk  cans  coming  from  the  dairies 
to  dealers  must  be  properly  cleaned  as  above  before 
returning  to  the  producer,  thoroughly  aired  and  kept 
turned  upside  down  in  a  cool  place.  All  milk  shall  be 
strained  through  wire-cloth  or  sterlized  cotton  strain- 
ers, and  shall  be  cooled  to  58  degrees  within  forty-five 
minutes  after  it  is  drawn  from  the  cow.  In  winter 
weather  the  cooler  should  be  guarded  against  freezing. 
The  milk  shall  not  exceed  sixty  degrees  when  de- 
livered to  the  customer  or  dealer.    All  milk  cans  de- 


HEALTH  LAWS  OF  KENTUCKY 


165 


livered  to  creameries  or  dealers  in  the  city  shall  be 
covered  with  air  tight  lids,  and  when  conveyed  in 
open  wagons,  shall  be  covered  with  canvas  while  being 
so  conveyed,  said  canvas  to  be  kept  clean  by  frequent 
washing. 

Kule  83.  All  Btrippings,  as  well  as  the  first  part 
of  milk,  shall  be  delivered.  The  night's  and  morning's 
milk  shall  not  be  mixed.  No  milk  shall  be  delivered 
that  is  taken  from  a  cow  that  has  calved  within  twelve 
days  or  from  a  cow  that  will  come  in  or  calve  inside 
of  forty-five  day-.  shall  not  be  fed  on  feed  which 

will  impart  a  disagreeable  flavor  to  milk,  or  upon  any 
food  that  will  not  produce  milk  of  a  standard  rich- 
ness, or  any  sour,  damaged  ensilage  or  other  feed. 

Role  B4,  All  dairy  farms  or  plants  no:  connect- 
ed with  an  approved  system  <»t'  sewers,  and  each  resi- 
dence within  a  quarter  of  a  mile  of  such  plant,  shall 
he  provided  with  septic  tank  privies  modeled  after 
the  Kentucky  Sanitary  Privy,  located  below  the  level, 
drain  in  or  as  remote  as  possible  from  the 

well  or  spring,  to  be  under  the  charge  of  some  reliable 
person  to  keep  them  clean,  provided  with  toilet  paper 
and  daily  pour  at  hast  lour  gallons  of  water  through 
each  hole  in  the  seat  and  the  urinal.* 

Role  85.  It  shall  he  the  duty  of  any  person  hav- 
ing charge  or  control  of  any  premises  upon  which  dairy 
cows  are  notify  the  health  officer  having  juris- 

"  of  any  contagious  or  infectious 

uses  among  such  cows  immediately  upon  the  dis- 
covery thereof  and  to  thoroughly  isolate  any  COW  or 
cows  affected  and  to  ie  such  other  precautions 

by  said  health  officer. 

Kule    86.      It    shall    lie    the    duty    of    any    person 

owning  or  having  control  of  c  d  for  the  produc- 


l-.y  reference  to  Km.-  198,    it    will  \,o  Men  that  the  same  re- 

tenl    is   made   for  all   public  building*   in   the  state  not  on 

lines  of  sewers.    This  form  of  tank  and  privy  not   1><  \ng  patented 

Ive,    it"  coi  ;m<i  operated   In   ■trid   accordance 

with  Instruction  ng,  fly-proof  and  will  last  forever, 

ii  been  adopted  and  use  in  many  other  states 

■untries.     Bulletin!  with  plans  and   foil  directions  will  be 

sent  free  upon  application. 


Whole    milk 
to  be  de- 
livered. 
Period   for 
cal\  ing. 
Ventilation. 


i:\ i  ry  dairy 
in  state  not 
conn<  cted 
with  ap- 
proved 
sewers  to 
have  septic 
lank 
privies. 


!  'rompt 
notice    of 

contagions 
68     in 

herd   to  be 

given. 


Tuberculin 

for   all 
dairy 
cattle. 


166 


HEALTH  LAWS  OF  KENTUCKY 


Notice  of 
communica- 
ble disease 
on  farm  or 
in  employes 
required. 


Only  whole 
cream   and 
undiluted 
milk  to  be 
marketed 
unless 

f)lainly 
abeled. 


tiou  of  milk  for  sale  or  exchange  to  submit  said  cows 
for  the  tuberculin  test  for  tuberculosis,  on  the  written 
order  of  the  State  Board  of  Health  or  of  the  local 
board  of  health  having  jurisdiction.  No  person  having 
his  herd  tested  by  the  tuberculin  test  shall  add  any 
cows  to  the  herd  that  have  not  been  tuberculin  tested 
by  the  proper  authorities  under  penalty  of  having  his 
permit  revoked. 

Kule  87.  It  shall  be  the  duty  of  any  person  hav- 
ing charge  or  control  of  any  premises  upon  which  milk 
or  cream  is  produced,  handled,  stored  or  distributed 
to  notify  the  health  officer  immediately  upon  the  dis- 
covery of  any  case  of  influenza,  pneumonia,  diphtheria, 
measles,  membranous  croup,  scarlet  fever,  smallpox, 
typhoid  fever,  or  any  other  contagious  or  infectious 
disease,  upon  such  premises.  No  milk  or  cream  shall 
be  sold,  exchanged,  given  away,  or  in  any  other  man- 
ner distributed  from  such  infected  premises  until  all 
danger  of  the  spread  of  the  disease  shall  be  removed 
and  the  health  officer  certifies  to  that  effect.  No  per- 
son who  attends  to  cows  or  milks  them,  or  who  has 
the  care  or  handling  of  vessels  for  the  sale,  storage,  or 
distribution  of  milk  or  cream,  shall  enter  any  place 
or  premises  wherein  any  of  the  diseases  mentioned 
herein  exists ;  nor  shall  any  such  person  have  any  com- 
munication, direct  or  indirect,  with  any  person  who  re- 
sides in  or  is  an  occupant  of  such  infected  place.  Strict 
cleanliness  of  hands  and  persons  of  milkers,  and  those 
engaged  in  the  handling  of  milk  or  cream,  and  of  the 
bodies  of  cows,  especially  of  the  udders  and  teats,  must 
be  enforced  at  all  times,  to  the  end  that  no  impurity  or 
foreign  substance  may  be  added  to  the  milk  or  cream, 
such  addition  being  .declared  adulteration  by  the  stat- 
ute. 

Rule  88.  No  person  shall  have  in  his  possession, 
sell  or  offer  for  sale,  any  milk  or  cream  to  which  has 
been  added  water  or  any  foreign  substances  or  from 
which  any  portion  of  the  cream  or  butter  fat  has  been 
removed,  unless  labeled  plainly  on  the  container  "skim 


HEALTH  LAWS  OF  KENTUCKY 


167 


milk/'  No  person  shall  add  water  or  any  other  for- 
eign substances  to  milk  or  cream  offered  or  intended 
for  sale  or  exchange.  Milk  offered  for  sale  as  whole 
milk,  or  sold  as  such,  which  contains  more  than  eighty- 
seven  (87)  per  cent  of  watery  fluid,  or  less  than  thir- 
teen (13)  per  cent  of  milk  solids,  including  three  and 
seventh-tenths  (3.7)  per  cent  of  butter  fat,  is  prima 
facie  watered,  and  such  watering  is  declared  an  adult- 
eration by  the  State  statutes,  the  punishment  for  which 
is  a  fine  of  not  less  than  twenty-five  dollars  ($25.00) 
for  each  and  every  offense. 


MILK  AND  CREAM— AND  OTHER  SOFT  DRINKS. 

Rule  89.  Permit  required  for  sale  of  milk  in 
municipalities.  No  corporation,  association,  firm  or 
individual  shall  sell  or  offer  for  sale  at  retail  milk 
or  cream  in  any  municipality  without  a  permit  from 
the  health  officer  thereof,  which  shall  be  issued  subject 
to  such  conditions  as  may  be  imposed  by  these  rules 
or  by  the  local  health  officer.  Such  permit  shall  ex- 
pire on  the  thirty -first  day  of  March,  unless  another 
date  is  designated  by  the  local  authorities,  and  shall 
:i»  \\  able  on  or  before  such  date  in  each  year,  and 
may  be  revoked  at  any  time  for  cause  by  the  state 
board  of  health  or  the  local  officer  after  a  hearing 
hearing  on  due  notice. 

Role  90.  Application  for  permit  required.  No 
permit  tor  the  sale  at  retail  of  milk  or  cream  in  any 
municipality  shall  bo  issued  unless  written  application, 
sworn  to  by  the  applicant,  has  been  made  therefor  in 
the  form  prescribed  by  the  State  Board  of  Health. 

Rule  91.  Information  required  in  application  for 
permit.  Every  application  for  a  permit  to  sell  at  re- 
tail milk  or  cream  in  any  municipality  shall  contain  the 
name  of  each  producer  from  whom  the  applicant  re- 
el or  expects  to  receive  milk  or  cream  for  sale, 
together  with  the  approximate  amount  of  milk  or 
cream  to  be  furnished  by  each  such  producer,  and  upon 


Permit  re- 
quired for 
sale  of  milk 
or   cream. 
Renewable. 
May    be    re- 
voked after 
hearing:. 


Application 
required. 


Information 
required  for 
permit. 


168 


HEALTH  LAWS  OF  KENTUCKY 


Inspection 
and  scoring- 
of    dairy 
farms. 


Conditions 
of   issuance 
of   permit. 


Conditions 
of  renewal 
of  permit. 


change  in  the  source  or  amount  of  supply  notice 
thereof. 

Rule  92.  Dairy  farms  to  be  inspected  and  scored. 
Previous  to  the  first  day  of  January,  1920,  the  health 
officer  or  his  representative  in  every  municipality  shall 
make  a  sanitary  inspection  of  every  dairy  farm  where 
milk  or  cream  is  produced  for  sale  at  retail  in  such 
municipality  and  shall  score  each  such  dairy  farm  on 
the  score  card  prescribed  by  the  State  Board  of  Health. 

On  or  after  the  first  day  of  July,  1919,  each  such 
health  officer  or  his  representative  shall  make  such  in- 
spection and  scoring  at  least  once  in  each  year  and 
before  the  thirty-first- day  of  July  in  each  jrear  unless 
another  date  is  designated  by  the  local  authorities. 

The  local  health  officer  of  such  municipality  may. 
however,  in  his  discretion,  accept  the  inspection  and 
scoring  by  the  health  officer  or  his  representative  of 
another  municipality. 

Rule  93.  Conditions  of  issuance  of  permit.  On 
and  after  the  first  day  of  January,  1920,  no  permit  to 
sell  at  retail  milk  or  cream  in  any  municipality  shall 
be  issued  unless  the  premises,  where  it  is  proposed  to 
handle  such  milk  or  cream,  shall,  in  the  opinion  of  the 
local  health  officer  or  his  representative  after  inspec- 
tion, have  been  rendered  clean  and  sanitary;  and  un- 
less each  farm  or  dairy,  where  such  milk  or  cream  is 
produced,  shall  have  been  rated  after  inspection  by 
a  health  officer  or  his  representative,  or,  in  case  of 
protest,  by  a  sanitary  supervisor  of  the  State  Board  of 
Health,  at  least  forty  per  cent,  on  the  score  card  pre- 
scribed by  the  State  Board  of  Health. 

Rule  94.  Conditions  of  renewal  of  permit.  No 
permit  to  sell  at  retail  milk  or  cream  in  any  munici- 
pality shall  be  renewed  unless  inspection  has  been 
made  within  the  preceding  six  months  by  the  local 
health  officer  or  his  representative  of  the  premises 
where  such  milk  or  cream  is  handled  and  unless  each 
farm  or  dairy  where  such  milk  or  cream  is  produced 
has  been  rated  by  a  health  officer  or  his  representa- 


HEALTH  LAWS  OF  KENTUCKY 


169 


tive,  or,  in  case  of  protest,  by  a  sanitary  supervisor  of 
the  State  Board  of  Health,  within  the  preceding  six 
months  after  inspection  at  least  forty  per  cent  on 
the  score  card  prescribed  by  the  State  Board  of  Health. 

Rule  95.  Public  display  of  permit.  Permits  to 
sell  milk  or  cream  shall  be  publicly  displayed  in  such 
manner  as  may  be  prescribed  by  the  local  health  au- 
thorities. 

Rule  96.  Milk  and  cream  or  other  soft  drinks  to 
be  kept  only  under  sanitary  conditions.  No  milk  or 
cream  or  other  soft  drinks  shall  be  sold  or  kept  for 
sale  under  any  conditions  which  in  the  opinion  of  the 
local  health  officer  are  not  clean  and  sanitary.  All  ves- 
sels containing  such  milk  or  cream  for  sale  shall  at  all 
times  he  covered,  kept  coo!,  and  so  placed  that  the  eon- 
tents  will  not  1 sposed  i'»  sun,  dust.  dirt,  tlies  or  other 

inse 

Rule  !»7.  Conditions  of  bottling  of  milk  and 
cream.     No  milk  or  cream  or  other  s.»t't  drinks  shall  be 

I   in  bottles  or  offered   for  sale  in  bottles. 

unless  the  bottling  is  done  under  clean  and  sanitary 
conditions  at  the  place  of  production  or  collectih 
distributing  station.    Each  bottle  shall  be  capped  and 
eacb  cap  shall  show  the  name  of  the  producer  or  dealer 
and  the  place  of  bottling. 

Rule  98.    Receptacles  to  be  kept  in  sanitary  con- 
dition; when  to  be  condemned  and  seized.   Every  can 
or  other  vessel,  which  is  usee!  to  contain  milk  or  cream 
or  ice  cream  or  other  soft  drinks  intended  for  sale 
be  constantly  kept  in  a  clean  and  sanitary  condition 
Wh en  emptied  and  before  being  returned  by  tin-  p 
to  whom  it  was  last  delivered  full  or  partly  full  ^x^ry 
such  can  or  other  vessel  shall  he  effectively  cleansed. 
The  local  health  office]-  or  his  representative  shall  con 

demo  any  BUCh  can  or  other  vessel  found  by  him  to  be 

ondition  that  it  cannot  be  rendered  by  washing 

clean  and  sanitary  as  a  receptacle  for  milk  or  cream,  or 

ice  cream  or  other  soft  drinks,  and  shall  destroy  or  so 

mark  the  condemned  vessel  ;is  to  show  that  it  lias  been 


Display  of 
permit. 


Milk    ami 
cream    or 
other    soft 
drinks 
to   be  kept 
only    under 
sanitary 
conditions. 


Conditions 
of  bottling. 


Receptacles 

to   be  kept 
clean. 
When  to  be 

condemn. (l 
and   seized. 


170 


HEALTH  LAWS  OF  KENTUCKY 


Utensils   to 
be  cleansed. 


Pasteuri- 
zation. 


Designa- 
tions re- 
stricted. 


condemned.  When  so  condemned  and  marked,  such 
can  or  other  vessel  shall  not  be  used  again  to  contain 
milk  or  cream,  or  ice  cream  or  other  soft  drinks,  for 
sale.  The  local  health  officer  or  his  representative 
may  seize  and  hold  as  evidence  any  can  or  other  vessel 
returned  or  otherwise  used  in  violation  of  this  regula- 
tion. 

Rule  99.  Utensils  to  be  cleansed.  All  dippers, 
glasses,  spoons,  measures  or  other  utensils  used  in  the 
handling  of  milk  or  cream,  or  ice  cream  or  other  soft 
drinks  intended  for  sale  shall  be  maintained  in  a  clean- 
ly condition. 

Rule  100.  Pasteurization.  Except  where  a  differ- 
ent standard  of  pasteurization  has  been  adopted  pre- 
vious to  the  first  day  of  September,  1914,  by  the  local 
health  authorities,  no  milk  or  cream  shall  be  sold  or 
offered  for  sale  as  pasteurized  unless  it  has  been  sub- 
jected to  a  temperature  of  142  to  145  degrees  fahren- 
heit  for  not  less  than  thirty  minutes;  and  no  milk  or 
cream  which  has  been  heated  by  any  method  shall  be 
sold  or  offered  for  sale  unless  the  heating  conforms  to 
the  provisions  of  this  regulation. 

After  pasteurization  the  milk  or  cream  shall  be 
immediately  cooled  and  placed  in  clean  containers  and 
the  containers  shall  be  immediately  sealed. 

Rule  101.  Designations  of  milk  and  cream  re- 
stricted. All  milk  sold  and  offered  for  sale  at  retail, 
except  milk  sold  or  offered  for  sale  as  sour  milk  under 
its  various  designations,  shall  bear  one  of  the  designa- 
tions provided  in  this  regulation,  which  constitute  the 
minimum   requirements  permitted  in  this  State. 

No  term  shall  be  used  to  designate  the  grade  or 
quality  of  milk  or  cream  which  is  sold  or  offered  for 
sale,  except: 

1 '  Certified.' ' 

'! Grade  A  raw." 

"Grade  A  pasteurized/ '  « 

"Grade  B  raw." 

"Grade  B  pasteurized.*' 

"Grade  C  raw." 

"Grade  C  pasteurized." 


HEALTH  LAWS  OF  KENTUCKY  171 

Certified.  No  milk  or  cream  shall  be  sold  or  offered    ^fjj11^?" 
for  sale  as  "Certified"  unless  it  conforms  to  the  fol-    flned- 
lowing   requirements: 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health  officer. 

All  cows  producing  such  milk  or  cream  must  have 
been  tested  at  least  once  during  the  previous  year 
with  tuberculin,  and  any  cow  reacting  thereto  must 
have  been  promptly  excluded  from  the  herd.  The  re- 
ports of  such  tuberculin  tests  must  be  filed  with  the 
local  health  officer  and  the  milk  commission  of  the 
county  medical  society  in  the  municipality  and  county 
respectively  in  which  such  milk  is  delivered  to  the 
consumer. 

Such  milk  must  not  at  any  time  previous  to  de- 
livery to  the  consumer  contain  more  than  10,000  bac- 
teria per  cubic  centimeter  and  such  cream  not  more 
than  50,000  bacteria  per  cubic  centimeter. 

Such  milk  and  cream  must  be  produced  on  farms 

which  are  duly  scored  on  the  score  card  prescribed 

by  the  State  Board  of  Health,  not  less  than  thirty-five 

per  cent  for  equipment  and  not  less  than  fifty-five  per 

t  for  methods. 

Such  milk  and  cream  must  be  delivered  within 
thirty-six  hours  of  the  time  of  milking. 

Such  milk  and  cream  must  be  delivered  to  con- 
sumers only  in  containers  filled  at  the  dairy  or  central 
bottling  plant. 

The  caps  must  contain  the  word  "Certified"  and 
hear  the  certification  of  a  milk  commission  appointed 
by  the  county  medical  society  organized  under  and 
chartered  by  the  Kentucky  State  Medical  Association, 
and  must  also  contain  the  name  and  address  of  the 
dairy  as  well  as  the  date  of  milking. 

Every  employe  before  entering  upon  tho  per- 
formance of  his  duties  shall  be  examined  by  a  duly 
licensed  physician  and  the  reports  of  such  exami- 
nation shall  be  sent  to  the  milk  commission  certify- 
ing the  milk  from  such  dairy. 


172 


HEALTH  LAWS  OF  KENTUCKY 


Grade  A 
raw   milk 
defined. 


Grade   A 

pasteurized 
milk   de- 
fined. 


The  milkers  and  all  persons  handling'  the  milk 
must  be  provided  with  suits  and  caps  of  washable  ma- 
terial which  shall  be  worn  while  milking  or  handling 
the  milk  and  shall  not  be  worn  at  other  times.  When 
not  in  nse  these  garments  must  be  kept  in  a  clean 
place  free  from  dust.  Not  less  than  two  clean  suits  and 
caps  must  be  furnished  weekly.  The  hands  of  the 
milkers  must  be  washed  with  soap  and  hot  water,  and 
wnll  dried  with  a  clean  towel,  before  milking. 

Grade  A  raw.  No  milk  or  cream  shall  be  sold  or 
offered  for  sale  as  "Grade  A  raw"  unless  it  conforms 
to   the  following  requirements : 

The  dealer  selling  or  delivering  such  milk  or  cream 
must  hold  a  permit  from  the  local  health  officer. 

All  cows  producing  such  milk  or  cream  must  have 
been  tested  at  least  once  during  the  previous  year 
with  tuberculin,  and  any  now  reacting  thereto  must 
have  been  promptly  excluded  from  the  herd. 

Such  milk  must  not  at  any  time  previous  to  de- 
liver}* to  the  consumer  contain  more  than  60,000  bac- 
teria per  cubic  centimeter,  and  such  cream  not  more 
than  390,000  bacteria  per  cubic  centimeter. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  State  Board  of  Health  not  less  than  twenty- 
five  per  cent  for  equipment,  and  not  less  than  fifty  per 
cent  for  methods. 

Such  milk  and  cream  must  be  delivered  within 
thirty-six  hours  from  the  time  of  milking,  unless  a 
shorter  time  shall  be  prescribed  by  the  local  health 
authorities. 

Such  milk  and  cream  must  be  delivered  to  con- 
sumers only  in  containers  sealed  at  the  dairy  or  a 
bottling  plant.  The  caps  or  tags  must  be  white  and 
contain  the  term  " Grade  A  raw"  in  large  black  type, 
and  the  name  and  address  of  the  dealer. 

Grade  A  pasteurized.  No  milk  or  cream  shall  be 
sold  or  offered  for  sale  as  "Grade  A  pasteurized"  un- 
unless  it  conforms  to  the  following  requirements : 


HEALTH  LAWS  OF  KENTUCKY  173 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health  officer. 

All  cows  producing  such  milk  or  cream  must  be 
healthy  as  disclosed  by  an  annual  physical  examina- 
tion. 

Suph  milk  or  cream  before  pasteurization  must 
not  contain  more  than  200,000  bacteria  per  cubic  centi- 
meter. 

Such  milk  must  not  at  any  time  after  pasteuriza- 
tion and  previous  to  delivery  to  the  consumer  con- 
tain more  than  30,000  bacteria  per  cubic  centimeter, 
and    such    cream    not    more   than    150,000   bacteria    per 

cubic  centimeter. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  state  Board  of  Health  ao1  less  than  twenty- 
live  per  cent  for  equipment  and  not  less  than  forty- 
three  per  for  metho 

Such  milk  ami  cream  must  he  delivered  within 
thirty-six  hours  after  pasteurization,  unless  a  shorter 
time  shall  b  ibed  by  the  local  health  authorities. 

Such  milk  and  cream  must  be  delivered  to  con- 
sumers only  in  containers  sealed  at  the  dairy  or  at  a 
bottling  plant.  The  caps  <>r  tags  must  he  white  and 
contain  the  term  "Grade  A  pasteurized"  in  large 
black  type. 

Grade  B  raw.    No  milk  or  cream  shall  be  sold  or    ?awdmiuc 
offered  for  Bale  as  "Grade  B  raw"  unless  it  conforms    deflned- 
to  the  following  requirement 

The   dealer  selling  or  delivering  Bueh    milk   or 

in  must  hold  a  permit  from  the  local  health  officer. 

All  cows  producing  such  milk  or  cream  must  be 
healthy  losed   by  ;m  annual  physical  examina- 

tion. 

Such  milk  must  not  at  any  time  previous  to  de- 
livery to  the  consumer  contain  more  than  200,000  bac- 
ia  per  cubic  centimeter,  and  such  cream  not  more 
than  7.','). 000  bacteria  per  cubic  centimeter. 


174 


HEALTH  LAWS  OP  KENTUCKY 


Grade  B 
pasteur- 
ized  milk 
defined. 


Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  State  Board  of  Health  not  less  than  twenty- 
three  per  cent  for  equipment  and  not  less  than  thirty- 
seven  per  cent  for  methods. 

*  Such  milk  and  cream  must  be  delivered  within 
thirty-six  hours  from  the  time  of  milking,  unless  a 
shorter  time  shall  be  prescribed  by  the  local  health 
authorities. 

The  caps  or  tags  on  the  containers  must  be  white 
and  contain  the  term  "Grade  B  raw"  in  large,  bright 
green  type,  and  the  name  of  the  dealer. 

Grade  B  pasteurized.  No  milk  or  cream  shall  be 
sold  or  offered  for  sale  as  "Grade  B  pasteurized"  un- 
less it  conforms  to  the  following  requirements: 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health  officer. 

All  cows  producing  such  milk  or  cream  must  be 
healthy  as  disclosed  by  an  annual  physical  examina- 
tion. 

Such  milk  or  cream  before  pasteurization  must 
not  contain  more  than  1,500,000  bacteria  per  cubic 
centimeter. 

Such  milk  must  not  at  any  time  after  pasteuriza- 
tion and  previous  to  delivery  to  the  consumer  contain 
more  than  100,000  bacteria  per  cubic  centimeter,  and 
such  cream  not  more  than  500,000  bacteria  per  cubic 
centimeter. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  State  Board  of  Health  not  less  than  twenty 
per  cent  for  equipment  and  not  less  than  thirty-five 
per  cent  for  methods. 

Such  milk  must  be  delivered  within  thirty-six 
hours  after  pasteurization  between  April  first  and  No- 
vember first  and  within  forty-eight  hours  after 
pasteurization  between  November  first  and  April  first, 
and   such     cream    within      forty-eight     hours      after 


HEALTH  LAWS  OF  KENTUCKY 


175 


defined. 


pasteurization,  unless  a  shorter  time  is  prescribed  by 
the  local  health  authorities. 

The  caps  or  tags  on  the  containers  must  be  white 
and  contain  the  term  "Grade  B  pasteurized"  in  large, 
bright  green  type,  and  the  name  of  the  dealer. 

Grade  0  raw.   No  milk  or  cream  shall  be  sold  or    Grade  c 

r  h.  w    m  ilk 

offered  for  sale  as  "Grade  C  raw"  unless  it  conforms 
to  the  following  requirements: 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health  officer. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  State  Board  of  Health  not  less  than  forty  per 
cent. 

Such  milk  and  cream  must  be  delivered  within 
forty-eight  hours  from  the  time  of  milking,  unless  a 
shorter  time  shall  be  prescribed  by  the  local  health 
authorities. 

The  caps  or  tags  affixed  to  the  containers  must 
be  white  and  contain  the  term  "Grade  C  raw"  in  large 
red  type. 

Grade  C  pasteurized.  No  milk  or  cream  shall  be 
sold  or  offered  for  sale  as  "Grade  C  pasteurized"  un- 
less it  conforms  to  the  following  requirement  i 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health  officer. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  State  Board  of  Health  not  less  than  forty  per 

tch   milk  and   cream  must  be  delivered  within 

-eight  hours  after  pasteurization,  unless  a  shorter 

shall  be  proscribed  by  the  local  health  authorities. 

The  caps  or  tags  affixed  to  the  containers  must 

be  white  and  contain  the  term  "Grade  C  pasteurized" 

in  large  red  type. 

The  bacterial  count  herein  required  shall  be  made 
only  at  State,  county  or  municipal  laboratories  or  such 


Grade  C 

ftasteur- 
zed   milk 
defined. 


176 


HEALTH  LAWS  OF  KENTUCKY 


Local  au- 
thorities 
may  in- 
crease 
stringency 
of  regula- 
tion. 


Milk   or 
cream  in 
cold  storage 
warehouses. 


other  laboratories  as  may  be  approved  by  the  State 
Board  of  Health. 

In  those  municipalities  where  a  bacterial  count 
of  the  milk  is,  in  the  opinion  of  the  local  health  au- 
thorities, impracticable,  they  may  in  their  discretion 
grade  milk  and  cream  according  to  the  score  of  the 
dairies  producing  it,  as  prescribed  in  this  regulation, 
but  no  such  milk  shall  be  designated  "certified," 
"Grade  A  raw,"  or  "Grade  A  pasteurized." 

This  regulation  shall  not  be  construed  to  rescind 
or  modify  any  existing  local  regulation  or  ordinance 
controlling  the  grading  of  milk  or  cream  established 
prior  to  the  first  day  of  September,  1914 

Rule  102.  Supplementary  regulations  by  local 
authorities.  The  health  authorities  of  any  municipal ity 
may  in  their  discretion  increase  the  stringency  of  these 
regulations  or  add  to  them  in  any  way  not  inconsistent 
with  the  provisions  thereof,  and  may  prohibit  the  sale, 
or  the  keeping  for  sale,  within  the  municipality  of  any 
of  the  grades  of  milk  herein  defined. 

Rule  103.  Milk  or  cream  in  cold  storage  ware- 
houses. Nothing  contained  in  this  chapter  in  reference 
to  the  time  of  delivery  of  milk  and  cream  shall  be 
deemed  to  prohibit  the  keeping  of  such  milk  and  cream 
in  cold  storage  in  a  duly  licensed  cold  storage  ware- 
house for  a  period  of  not  more  than  ten  calendar 
months;  provided,  such  milk  and  cream  is  placed  in 
such  cold  storage  warehouse  within  twenty-four  hours 
after  milking  or  pasteurization   as  the  case  may  be. 


BAKERS  AND  BAKERIES. 


Require- 
ments for 
bakery 
buildings. 


Rule  104.  Every  building,  room  or  other  place 
occupied  or  used  as  a  bakery  shall  be  properly  lighted, 
drained,  plumbed  and  ventilated,  and  conducted  with 
strict  regard  to  the  influence  of  such  conditions  upon 
the  health  of  the  operator,  employes,  clerks  or  other 
persons  therein  employed,  and  wholesomeness  of  the 
food  therein  produced,  kept,  handled  or  sold.  Every 


HEALTH  LAWS  OF  KENTUCKY 


177 


such  bakery  shall  be  provided  with  adequate  plumbing 
and  drainage  facilities  including  suitable  wash  sinks 
and  water  closets.  No  water  closet  shall  be  entered 
from  or  shall  be  in  direct  communication  with  the 
rooms  in  which  the  bakery  products  are  handled.  All 
such  sin!;  ball  be  kept   in  a  clean  and 

sanitary  condition.  The  walls  and  ceilings  of  the  rooms 
in  which  the  dough  is  mixed  or  the  pastry  prepared 
for  baking  or  in  which  the  bakery  products  or  in- 
,1  products  are  otherwise  handled  or 
stored,  shall  be  kept  in  a  clean  or  wholesome  condi- 
tion, and  shall  be  washed,  I,  calcimined,  or  lime 
s  often  as  n                   and  all  interior  wood- 

.>•   el     n  by  washing 
with  or  other  be  kepi  in  a 

good  condition.  All  floors  of  such  rooms  shall 

rmeable  floor  made  of  cement  or  tile  laid 
aieut,  brick,  wood  or  other  suitable,  non-absorbent 
material  whic  id  clean  with 

!  swerage  pipes  shall  not  be  laid  through 
s,  and  all  openings  into    such    rooms,    including 
windows  and  (lotos,  shall  be  properly  screened  to 
elude  fli< 

Tin'   world]  all    not    be   U 

I'm-  purpo  directly  connected  with 

tli.-  preparing  and  baking  of  food,  and  shall  not  be 
at  washing,  ig  or  living  rooms,  but  shall 

at  all  times  be  separated  and  i  rom  the  living  and 

sleeping  rooms.   Separate  rooms  shall  be  provided  for 
i   hanging  clothes.    The  working  rooms 
shall  be  furnished  with  cuspidors,  at  least  one  in  each 
which  cuspi  .ill  have  a  disinfectant  therein 

and  shall  be  cleaned  daily.  There  shall  noi  It.'  in  such 
rooms  any  .spitting  on  the  Moor  or  walls,  smoking,  snuf- 
fing or  chewing  of  tobacco.  No  employe  or  other  person 
shall  sit  or  lie  upon  any  of  the  tables,  benches,  troughs, 
shelves,  etc.,  which  are  1   for  the  dough   or 

s.   (hairs  or  benches  shall  be  provided  in 
number  to  sit  upon.   B<  I  ginning  work 


Rooms  to 
be  for  no 
other  pur- 
pose. 

Care   of  the 
person  in 
employes 
and   em- 
ployment of 
those  hav- 
ing- cutane- 
ous  or  con- 
tagious  dis- 
eases for- 
bidden. 


178 


HEALTH  LAWS  OP  KENTUCKY 


Certificate 
of  purity  of 
water  re- 
quired. 
Care  in 
storing: 
flour,    eggs, 
and  all 
other   in- 
gredients 
used. 


Cleanliness 
of  all  re- 
ceptacles 
for  raw  and 
baked 
products. 
Protection 
from    files 
and  dust. 


and  before  preparing  and  mixing  the  ingredients, 
every  person  engaged  in  the  preparation  or  handling 
of  bakery  products  shall  wash  the  hands  and  arms 
thoroughly  in  clean  water  and  for  this  purpose  suf- 
ficient wash  basins  together  with  soap  and  clean 
towels,  shall  be  provided.  Every  person  engaged  in 
such  work  shall  wash  the  hands  and  arms  after  using 
toilet  rooms  or  water  closets.  Persons  employed  in 
the  bakery  or  bakery  rooms  shall  wear  sufficient  cloth- 
ing while  working,  and  such  clothing  shall  be  clean 
and  sanitary. 

Employes  or  other  persons  having  any  cutaneous, 
contagious  or  infectous  disease  shall  not  be  employed 
in  any  such  bakeries,  nor  be  permitted  to  handle  any 
of  the  products  therein. 

Rule  106.  All  water  used  for  mixing  the  dough  or 
for  any  other  use  in  connection  with  bakery  products 
shall  be  pure  and  wholesome,  and  shall  not  be  taken 
from  any  pipe  which  pipe  also  leads  into  a  water  closet 
or  into  a  sewer.  In  case  the  water  supply  is  taken 
from  a  well,  the  baker  shall  have  a  certificate  from  the 
Kentucky  Agricultural  Experiment  Station,  or  from 
the  State  Board  of  Health,  or  from  the  city  or  county 
health  officer,  that  such  water  is  pure  and  wholesome 
and  free  from  contamination.  The  supplies  of  flour 
shall  be  stored  in  a  dry,  clean  place  and  be  protected 
from  vermin  and  all  other  contamination.  The  sup- 
plies of  other  materials  used  in  the  preparation  of 
bakery  products  including  eggs  and  egg  products, 
fruit  and  fruit  products,  shall  be  kept  in  a  clean  place 
and  in  clean  receptacles,  and  shall  be  protected  from 
dust  or  other  contamination. 

Rule  107.  All  barrels,  boxes,  tubs,  pails,  knead- 
ing troughs,  machines,  racks,  pans  or  other  receptacles 
used  for  holding  materials  from  which  bakery  prod- 
ucts are  prepared,  or  for  holding  bakery  products  shall 
be  kept  clean  and  wholesome  at  all  times,  and  shall 
be  constructed  so  as  to  be  easily  and  conveniently 
cleaned.  All  show  cases,  shelves,  or  other  places  where 


HEALTH  LAWS  OF  KENTUCKY 


179 


bread  or  other  bakery  products  are  exposed  for  sale, 
including  the  bread,  cake  and  pie  boxes,  or  cases  in 
any  grocery  store,  or  other  retail  place,  and  in  restau- 
rants, or  other  places  where  bakery  products  are  sold, 
shall  be  kept  well  covered  or  screened,  well  protected 
from  dust  and  flies,  and  shall  be  kept  in  a  sweet,  clean 
and  wholesome  condition  at  all  times.  No  bread  or 
other  bakery  product  shall  be  exposed  during  the  time 
that  it  is  intended  or  offered  for  sale  to  the  dust  of 
the  street,  or  to  other  contamination. 

Rule  108.  No  person  shall  handle  any  unwrapped 
bakery  product  with  unclean  hands,  and  no  bread, 
cake,  pie  or  other  bakery  products  shall  be  hauled, 
transported  or  delivered  without  being  safely  pro- 
tected from  dust  and  other  eontamination  by  wrapping 
or  covering.  Unwrapped  bread,  cakes,  or  pies  shall 
not  be  handled  by  drivers,  deliverymen,  grocers  or 
other  dealers  with  unclean  hands.  The  wagons,  boxes, 
baskets  and  other  receptacles  in  which  bread,  cakes, 
or  other  bakery  products  are  transported,  shall 
pt  in  a  clean  and  wholesome  condition  at  all  times 
and  free  from  dust  and  other  contamination.  No  bread, 
cakes,  pies  or  other  bakery  products  shall  be  handled 
or  fingered  by  intended  purchasers  unless  such  product 
shall  in  fact  be  purchased  by  such  persons  and  not 
intended  ther  sale.  No  tag  or  slip  shall  be  put 

any  loaf  of  bread  or  upon  an;  pie  or  cake  which 
such  tag  has  been  licked,  or  which  is  affixed  with  com- 
merieal  glue,  or  which  is  made  from  paper  containing 
material  of  a  poisonous  or  deleterious  character,  or 
which  has  been  stamped  or  branded  with  ingredient! 
that  may  rub  off  on  to  the  bread  or  other  bakery 
iuct. 

Rule  109.  Ali  waste  products  and  garbage  shall 
be  removed  from  the  bakery  rooms  or  other  rooms 
where  food  is  kept  or  prepared  at  least  once  daily,  and 
shall  not  be  allowed  to  remain  in  such  proximity  to 
the  bakery  rooms  as  will  m  for  contaminat- 

ing odors.  - 


All  bakery 

Eroducts   to 
e   wrapped 
or  other- 
wise pro- 
tected   from 
contamina- 
tion in 
handling  or 
;>orta- 
tion. 

slips 
and  pasters. 


All  wastei 
and  garbage 
to  be   re- 
moved 
daily. 


180 


HEALTH  LAWS  OF  KENTUCKY 


Standard 
of  purity  of 
all    raw 
materials 
including: 
lard,  butter 
and  eggs. 


Health 
officers  and 
experts    of 
board   to 
co-operate 
with    bakers 
in   enforce- 
ment of 
rules. 


Rule  111.  All  ingredients  used  in  the  manufac- 
ture or  preparation  of  bakery  products  shall  be  pure 
and  wholesome,  and  shall  be  up  to  the  standard  re- 
quired in  the  other  provisions  of  the  Kentucky  Food 
and  Drug  Laws.  No  unwholesome  or  unclean  butter, 
lard,  oleomargarine  or  oil  shall  be  employed.  No  eggs 
of  a  spoiled  or  unwholesome  character  shall  be  used, 
and  no  egg  product  whether  frozen  or  desiccated,  and 
which  has  been  prepared  from  spoiled,  unsound  or 
unwholesome  eggs  shall  be  used  in  such  bakery  prod- 
ucts. No  flour  which  has  been  bleached  with  poisonous 
materials  or  which  has  been  bleached  so  as  to  affect 
its  quality  or  strength,  or  which  has  been  bleached  so 
as  to  make  it  appear  better  or  of  greater  value  than 
it  is  shall  be  used.  No  jellies,  jams,  fruit  pulp,  pie 
fillings,  flavoring  extracts  or  other  ingredients  shall 
be  used  in  the  mixing  or  preparation  of  bakery  prod- 
ucts which  do  not  comply  with  the  other  provisions 
of  the  said  food  and  drugs  act.  In  case  where  imita- 
tion jellies,  jams,  flavors,  or  other  such  ingredients  are 
used,  and  in  case  where  such  imitation  products  are 
wholesome,  bakery  products  made  out  of  such  in- 
gredients may  be  sold  if  the  pie,  cake,  bread  or  other 
bakery  product  is  labeled  so  as  to  show  that  it  is  made 
from  such  imitation  ingredients  or  flavors,  and  so  as 
to  show  that  it  is  not  made  from  the  true  fruit. 

Rule  112.  As  far  as  possible  and  appropriate  the 
food  and  drug  bureau  of  the  state  board  of  health 
will  assist  bakers  in  determining  the  purity  and  qual- 
ity of  the  ingredients  sold  to  any  baker  for  use  in  the 
preparation  of  food,  provided,  however,  any  baker 
seeking  such  assistance  gives  to  the  said  division  full 
information  with  respect  to  the  labeling  upon  the  orig- 
inal packages  of  such  ingredients,  the  parties  from 
whom  purchased  and  thp  date  purchased,  and  any 
other  information  which  the  said  division  may  require. 

All  health  officers  throughout  the  State,  and  all 
bakers  and  other  persons  engaged  in  the  production 
and  sale  and  handling  of  bakery  products  are  requested 


HEALTH  LAWS  OF  KENTUCKY 


181 


to  co-operate  in  the  enforcement  of  these  regulations 
to  the  end  that  all  bakery  products  will  be  produced 
and  handled  in  a  wholesome  and  sanitary  manner,  and 
to  the  end  that  the  confidence  of  the  consumer  in  such 
products  will  be  increased. 


REGULATION   OF   THE   TRAFFIC  IN  AND 
HANDLING  OF  EGGS. 

Rule  113.  Between  May  15  and  January  15  of 
each  year,  all  eggs  in  the  market,  or  intended  for 
market,  shail  be  handled  only  on  a  candling  basis,  and 
in*  payment  cither  in  cash  or  merchandise  shall  be 
made  for  those  unlit  for  food.  A  statement  shall  be 
made  in  duplicate  by  the  buyer  of  each  purchase  of 
eggs.  _  the  number  of  good,  damaged  and  bad 

eggs  in  each  lot,  one  copy  of  which  shall  be  given  to 
the  person  from  whom  the  purchase  is  made,  and  the 
other  to  be  b  file  for  one  year,  and  subject  to 

all  times  by  any  health  or  food  inspector. 

Rule    114.      During  the  warm  season  all  eggs  shall 

cool  place,  ail  lots  of  greater  than  30 

,  shall  be  packed  in  sir  indard  egg  cases 

and  fillers,  well  p  d  from  breakage,  all  cracked 

from    those   with 

Prom   .May   15  to  January   15  of  each 

l'lts    shall    contain    upon    tie 

d  and  signed  candling  certificate. 
Rule  114a,    No  person,  firm  or  corporation  shall 

;ive  in   p  m   for 

ale,  any  eggs  onfil  for  human  food, 
n  in  the  shell  and  then  dena 

in  such  a  way  that   tl  I   tor  food.    An 

onfil  for  food  if  it  be  addled  or 

black  or  white  rot  or  a  blood  ring,  has 

a  bloody,  white  or  adherent  yolk,  or  if  it  consists  even 

in  pari  of  a  filthy,  decomposed  or  putt-id  substance. 

Any  person  violating  any  of  the8€  rules  or  provisions 

will  be  subject  to  the  'ties  provided  by 

the  statu! 


Handling   of 

on 
candling 

basis   only 
In    warm 
seasons. 


Storing   and 
packing  of 


Unfit  i 

DOl     tO    M 

I  or 
exposed  for 
sale. 

Definitions. 


Penalties. 


182 


HEALTH  LAWS  OF  KENTUCKY 


Slaughter 
or  sale  of 
flesh  of  dis- 
eased   ani- 
mals for- 
bidden. 


Quarantine 
pens. 
Sanitary- 
cleanliness 
imperative. 
Toilet 
facilities. 
Water  and 
sewer  con- 
nection. 


STOCK  YARDS,  ABATTOIRS,  SLAUGHTER- 
HOUSES AND  DISEASED  ANIMALS. 

Rule  115.  It  shall  be  unlawful  for  any  person, 
firm  or  corporation  owning  or  operating  stockyards, 
abattoirs,  or  slaughterhouses  in  this  State  to  sell  or 
offer  for  sale  or  to  have  in  their  possession  for  sale 
or  slaughter  for  food  any  cattle,  sheep,  hogs,  or  other 
animals  which  are  diseased  or  in  any  way  unhealthy  or 
unfit  for  food,  and  such  animals  shall  be  at  once  killed 
and  the  carcass  disposed  of  as  provided  by  law  for 
diseased  animals,  or  put  in  quarantine  and  reported  to 
the  State  veterinarian.  It  shall  be  the  duty  of  all  stock 
yards  to  set  aside  and  maintain  at  the  expense  of  the 
owners  or  operators  thereof,  a  quarantine  pen  of  such 
size  and  construction  as  may  be  prescribed  by  this 
board,  which  shall  be  provided  with  a  suitable  lock, 
and  in  which  pen  shall  be  at  once  placed  all  animals, 
failing  to  pass  inspection,  or  suspected  to  be  diseased 
and  awating  inspection,  and  all  such  stock  yards, 
abattoirs  and  slaughterhouses  as  are  regularly  inspect- 
ed by  an  official  veterinarian  shall  furnish  such  officer 
proper  office  or  desk  room  for  the  performance  of  his 
duties  without  expense  to  him. 

Rule  116.  Every  slaughterhouse  or  other  place  in 
which  meat  or  meat  products  from  cattle,  swine  or 
poultry  are  slaughtered,  handled  or  stored  within  this 
State  shall  be  constructed  so  as  to  constantly  meet  all 
sanitary  requirements:  shall  be  suitably  lighted  and 
ventilated ;  and  shall  have  the  equipment  and  methods 
necessary  to  maintain  such  a  place  and  to  handle  all 
products  in  a  sanitary  condition.  It  shall  be  provided 
with  efficient  drainage  and  have  proper  sewage  con- 
nections; it  shall  have  equipment  and  methods  neces- 
sary to  take  care  of  all  the  offal  in  a  sanitary  man- 
ner; it  shall  be  located  and  operated  so  as  to  not  only 
produce  wholesome  food  but  also  so  as  to  commit  no 
nuisance  whatsoever  which  might  affect  the  public 
health.  The  work  in  such  estbalishments  shall  be  per- 
formed in  a  cleanly  and  sanitary  manner;  strict  re- 


HEALTH  LAWS  OF  KENTUCKY  18S 

gard  shall  be  paid  to  the  cleanliness  and  health  of 
employes.  There  shall  be  properly  located  toilet  facili- 
ties and  there  shall  be  proper  facilities  to  enable  the 
employes  to  keep  themselves  clean  and  there  shall  be 
proper  facilities  to  enable  them  to  observe  personal 
cleanliness  during  their  handling  of  food.  There  shall 
be  convenient  and  adequate  facilities  for  keeping  the 
plant  clean.  No  slaughtering  shall  be  done  in  any  barn 
or  other  building  not  suitable  for  slaughtering  animals 
and  for  the  handling  and  dressing  and  killing  of  meats. 

II.  All  such  slaughterhouses  shall  have  an  ef- 
ficient system  of  drainage  with  proper  sewer  connec- 
tions, and  in  any  case,  so  that  no  water  or  other  re- 
fuse of  any  kind  may  soak  into  the  ground  underneath 
and  around  the  building,  or  be  led  from  the  building  in 
such  a  way  as  to  produce  odors  or  otherwise  become 
a  nuisance.  There  shall  not  be  any  blind  wells,  cess- 
pools or  privy  within  the  slaughtering  house.  Sewage 
connections  shall  not  be  made  of  wood  but  shall  be 
made  of  closed  vitrified  tile,  or  cast  iron  together  with 
tight  joints  or  of  some  similar  material  and  construc- 
tion.  Liquid  wastes,  where  possible,  shall  either  be  run 
into  the  city  sewer,  provided  that  this  does  not  place 
an  undue  burden  upon  existing  purification  works,  or 
upon  the  stream  into  which  the  city  sewage  empties; 
or  there  shall  be  provided  adequate  means  for  the 
pnrifieation  of  the  wastes.  The  site  selected,  the  disposal 
of  sewage  or  means  for  sewage  purification,  must  be 
accord  tag  to  plans  approved  by  the  state  board  of 
health  or  its  agen 

I I I.  The   feeding   of  hogs   or  other  animals   on    water  and 
the  refuse  of  slaughterhouses  shall  not  be  permitted    {£  bse  fed  t0 
on  the  premises,  nor  shall  any  such  refuse  be  fed  to 

any  animals  intended  for  slaughter.  No  use  incom- 
patible with  the  proper  sanitation  shall  be  made  of 
any  part  of  the  premises  on  which  such  establishment 
is  located.  All  yards,  fences,  pens,  chutes,  alleys,  etc., 
belonging  to  the  premises  of  such  establishment, 
whether  they  are  used  or  not  shall  be  maintained  in 


184 


HEALTH  LAWS  OF  KENTUCKY 


Hot  and 
cold   water. 


Floors. 


Care  of 
walls    and 
ceilings. 


Cleanliness 
of  al  ve- 
hiclps  and 
appliances. 


a  sanitary  condition,    and    no    nuisance    whatsoever 
shall  be  allowed  in  the  establishment  or  on  its  premises. 

IV.  All  slaughtei houses  shall  have  an  abundant 
supply  of  water  irom  a  well,  spring  or  other  source 
which  is  free  from  contamination  from  any  slaughter- 
house or  surrounding  pens  or  enclousure,  and  which 
water  may  be  applied,  both  hot  and  cold,  with  ade- 
quate piessure  from  a  hose  to  any  part  of  the  room 
or  rooms  used  for  the  purpose  of  slaughtering  or  pre- 
paring meats  for  consumption  as  human  food,  and 
shall  be  so  designed  and  built  as  to  be  readily  and 
thoroughly  cleaned. 

V.  All  slaughterhouses  shall  have  suitable  floors 
constructed  preferably  of  concrete  and  in  such  a  man- 
ner as  to  be  water  tight  and  which  shall  carry  on2  into 
tubs  or  reservoirs  provided  for  that  purpose,  all  blood 
and  wastes ;  which  floors  shall  be  thoroughly  scrubbed 
and  cleaned  each  day  after  the  slaughtering  has  been 
completed. 

VI.  Ceilings,  walls,  pillars,  partitions,  etc.,  shall 
be  so  constructed  as  to  be  kept,  and  shall  be  kept,  in  a 
sanitary  condition,  and  when  necessary  they  shall  be 
washed,  scraped,  painted  or  otherwise  treated  as  re- 
quired. Where  floors  or  other  parts  of  a  building  or 
tables  or  other  parts  of  the  equipment,  are  so  old  or 
in  such  poor  condition  that  they  cannot  be  readily 
made  sanitary,  they  shall  be  removed  and  replaced  by 
suitable  materials.  All  floors  upon  which  meats  are 
piled  during  the  process  of  curing,  shall  be  of  concrete 
or  similar  material,  and  be  so  constructed  that  they 
can  be  kept  in  a  sanitary  condition,  and  all 
meat  piled  upon  floors  shall  be  suitably  protected  from 
trucks,  etc.  Walks  and  platforms  or  approaches  lead- 
ing into  establishments  shall  be  kept  clean  to  prevent 
tracking  dirt  into  the  same. 

VII.  All  trucks,  trays  and  other  receptacles,  all 
chutes,  platforms,  racks,  tables,  etc.,  and  all  knives, 
saws,  cleavers  and  other  tools,  and  all  utensils,  ma- 
chinery and  vehicles  used  in  moving,  handling,  cutting, 


IlKALTH  LAWS  OF  KENTUCKY 


185 


chopping,  mixing,  canning  or  other  processes  shall 
be  thoroughly  cleaned  before  using. 

VIII.  Managers  of  establishments  must  require 
employes  to  be  cleanly.  The  aprons,  smocks  or  other 
outer  clothing  worn  by  employes  who  handle  meat  or 
meal  food  products  shall  be  of  a  material  that  is  read- 
ily cleansed  and  made  sanitary,  and  only  clean  gar- 
ments  shall  be  worn.  Persons  who  handle  meat  or  meat 
food  pro  .'.11  be  required  to  keep  their  hands 
dean,  and  they  shall  be  required  also  to  pay  particu- 
lar attention  to  the  cleanliness  of  their  boots  or  shoes. 

IX.  Persons  affected  with  tuberculosis  or  any 
other  communicable  disease,  shall  not  be  employed  in 
any  of  the  departments  <d  establishments  where  car- 

-  handled,  or  meat  food  prod- 
ucts are  pr  spared 

X.  All  water  closets,  toilet  rooms,  and  dressing 
rooms,  shall  be  connected  with  the  sewer  when  located 
on  a  line  of  BOWerS,  otherwise  with  the  tank  of  a  Ken- 
tucky sanitary  privy,  and  he  entirely  separated  from 

-  in  which  carcasses  are  dressed,  or  meat 
food  producl  ired,  stored,  packed,  han- 

dled or  prepared.  Where  such  rooms  open  into  com- 
ments in  whieh  meat  or  meat  food  products  are 
handled,  they  must .  when  this  is  considered  necessary, 
be  provided  with  properly  ventilated  vestibules,  and 
with  automatically  closing  doors.  They  shall  be  con- 
lated,  sufficient  in  Dumber,  ample  in  size, 

and    fitted    with    modern    lavatory   accoiiiniodat  ions    in- 

cludjng  toilet  paper,  soap,  running  hot  and  cold  water, 
tow.  N.  etc.  Th«y  shall  be  properly  lighted,  suitably 
ventilated  and  kepi  in  a  sanitary  condition.  Con- 
venient and  sanitary  orinals  shall  he  provided;  and 
washatands  near  at  hand,  shall  also  be  provided. 

XI.  Tie'  )t  compartments  in  which  meat 
or  ii"  I  prodti  prepared,  cured,  stored, 
packed  ot  died  Bhall  be  free  from  odors 
from  toilet  rooms,  catch  basins,  oasinpr  departments, 
tank  moms,  hide  cell             .  and  shall  be  kepi  free 


Care  of 
hands  and 
clothing. 


All  em* 

Eloyes   to 
e  healthy. 


Toilets    to 

•  11  sep- 
arated. 


Flies,    odori 
and   vermin 
to   be    i 
ly  excluded. 


186 


HEALTH  LAWS  OF  KENTUCKY 


Handling  of 
diseased 
carcasses 
conducted 
as  a  sepa- 
rate busi- 
ness. 
Disinfec- 
tion  of 
hands  and 
implements. 


Protection 
from  soil- 
ing. 


To  be  pro- 
tected from 
saliva. 


Water  to  be 
tested. 


from  flies  and  other  vermin  by  screening  or  other 
methods.  All  rooms  or  compartments  shall  be  pro- 
vided with  cuspidors  of  such  shape  as  not  readily  to 
be  upset  and  of  such  material  and  construction  as 
to  be  readily  disinfected  and  employes  who  expecto- 
rate shall  be  required  to  use  them. 

XII.  Butchers  who  dress  or  handle  diseased  car- 
casses or  parts  shall  cleanse  their  hands  of  all  grease 
and  then  immerse  them  in  a  proper  disinfectant  and 
rinse  them  in  clear  water  before  dressing  or  handling 
healthy  carcasses.  All  butchers'  implements  used  in 
dressing  diseased  carcasses  shall  be  sterilized  either  in 
boiling  water  or  by  immersion  in  a  prescribed  disin- 
fectant followed  by  rinsing  in  clear  water.  Facilities 
for  such  cleansing  and  disinfection  approved  by  the 
inspector  in  charge,  shall  be  provided  by  the  establish- 
ment. Separate  sanitary  trucks,  etc.,  which  shall  be 
appropriately  and  distinctly  marked,  shall  be  furnish- 
ed for  handling  diseased  carcasses  and  parts.  Follow- 
ing the  slaughter  of  any  animal  affected  with  an  in- 
fectious disease,  a  stop  shall  be  made  until  the  imple- 
ments have  been  cleansed  and  disinfected,  unless  other 
clean  implements  are  provided. 

XIV.  Due  care  must  be  taken  to  prevent  meat 
and  meat  food  products  from  falling  on  the  floor ;  and 
in  the  event  of  their  having  so  fallen,  they  must  be  con- 
demned or  the  soiled  portions  removed  and  con- 
demned. When  meat  or  meat  food  products  are  being 
emptied  into  tanks,  some  device,  such  as  a  metal 
funnel,  must  be  used. 

XV.  Carcasses  shall  not  be  inflated  with  air  from 
the  mouth,  and  no  inflation  of  carcasses  except  by 
mechanical  means  shall  be  allowed.  Carcasses  shall 
not  be  dressed  with  skewers,  knives,  etc.,  that  have 
been  held  in  the  mouth.  Skewers  shall  be  cleaned  be- 
fore being  used  again.  Spitting  on  whetstones  or 
steels  when  sharpening  knives  shall  not  be  allowed. 

XVI.  Only  good,  clean  and  wholesome  water  and 
ice  shall  be  used  in  the  preparation  of  carcasses,  parts, 


HEALTH  LAWS  OF  KENTUCKY 


187 


meat  or  meat  food  products.  Whenever  there  is  any 
doubt  regarding  the  sanitary  condition  of  the  water 
supply,  notice  shall  be  immediately  sent  to  the  secre- 
tary of  the  State  Board  of  Health,  or  to  the  county 
or  city  health  officer  of  the  locality. 

XVII.  Wagons  or  cars  in  which  meat  or  meat 
food  products  are  transported  shall  be  kept  in  a  clean 
and  sanitary  condition.  The  wagons  used  in  trans- 
porting loose  meat  shall  be  so  closed  and  covered  that 
the  contents  shall  be  kept  clean  and  free  from  con- 
tamination. 

XVIII.  All   offal  shall   be   cleaned  up  and  dis- 
1  of  daily,  either  by  tanking  or  removal  from  the 

premises  of  the  plant.  The  system  for,  and  operations 
connected  with,  the  treatment  of  offal  for  fertilizer, 
grease  or  other  purposes  shall  be  in  a  separate  build- 
ing, or  in  a  different  part  of  the  building  from  that 
in  whhh  the  products  intended  for  food  are  handled, 
rated  by  masonry,  and  no  fertilizer  or  other  prod- 
uct of  the  tanked  offal  shall  be  stored  or  brought  into 
any  place  or  room  where  products  intended  for  food 
are  handled  or  stored.  Such  tankage  operations  shall 
be  conducted  in  a  sanitary  manner,  and  the  render- 
ing and  other  rooms  and  equipment  shall  be  cleaned 
daily. 

XIX.  Tallow  and  other  fats  shall  be  rendered  or 
red  from  the  premises  before  decomposition;  and 

all  meat  trimmings,  etc.,  intended  for  ingredients  in 
food  products,  shall  be  worked  up  while  the  same  are 
fresh,  unlen  stored  in  proper  refrigeration.  All  chill 
rooms,  refrigerating  chambers,  ice  boxes  and  so  on 
shall  be  properly  constructed  to  meet  all  sanitary  re- 
quirements neeessary  for  the  purpose  for  which  used, 
and  shall  be  carefully  operated  with  respect  to  the 
temperature,  humidity  and  general  sanitary  condi- 
tion necessary  to  the  wholesomeness  of  the  product 
or  products  stored  therein, 

XX.  All  deliveries  of  meat  or  poultry  from  a 
slaughterhouse,  refrigerating  room,  or  other  produc- 


Care  of 
meat  in 
transit. 


Offal  re- 
moved 
daily. 
Storing   of 
fertilizer 
and   tank- 
age. 


Tallow:  re- 
utlon 
and  Ice 
boxes. 


Sanitary 
handling 
and  de- 
livery. 


188 


HEALTH  LAWS  OF  KENTUCKY 


Retail 
handling-. 
Protection 
from  flies 
and  dust. 


Same   rules 
apply    to 
similar 
products  in 
hotels   and 
restaurants. 


ing  or  wholesale  plant  in  which  such  meat  or  meat 
products  are  produced  or  stored  shall  be  in  a  cleanly 
and  sanitary  manner,  and  the  product  be  fully  pro- 
tected from  dust,  flies  and  other  dirt  and  contamina- 
tion. 

XXI.  All  retail  establishments  in  which  any 
meat,  poultry  or  other  meat  food  products  are  kept 
for  sale  shall  be  suitable  for  such  purpose,  free  from 
odors,  screened  and  free  of  flies,  shall  have  facilities 
for  cleaning  ice  boxes,  meat  blocks,  cleavers,  saws, 
knives,  etc.,  and  shall  have  refrigerating  rooms  or  ice 
boxes,  with  the  temperature  necessary  for  the  proper 
preservation  of  such  fresh  products.  Such  ice  boxes 
or  refrigerating  rooms  shall  be  constantly  kept  in  a 
clean  and  wholesome  condition  and  free  from  odors, 
and  no  spoiled  meat  or  poultry  shall  be  kept  therein. 
No  poultry  or  meat  product  shall  be  exposed  on  count- 
ers or  other  places  where  it  would  be  subjected  to 
flies,  street  dust  or  other  contamination,  and  no  fresh 
meat  or  poultry  products  shall  be  exposed  on  counters 
or  otherwise  during  the  spring,  summer  or  fall  months. 
or  at  other  times,  when  the  temperature  is  high  enough 
to  cause  any  deterioration,  without  proper  icing  facili- 
ties. And  all  such  exposure  with  icing  facilities  shall 
also  be  in  such  manner  as  to  be  fully  protected  from 
flies,  dirt  and  other  contamination.  No  fresh  meat, 
poultry  or  meat  products  shall  be  offered  for  sale  in 
a  retail  market  which  have  been  fingered  by  intending 
purchasers.  All  deliveries  of  fresh  meat,  poultry  or 
meat  products  shall  be  so  protected  as  to  reach  the 
consumer  free  from  contamination  from  flies  and  dust. 

XXII.  These  regulations,  or  so  much  of  them  as 
is  applicable,  will  also  apply  to  restaurants,  hotels  and 
other  places  in  which  food  is  prepared  for  sale. 


HEALTH  LAWS  OF  KENTUCKY 


189 


HOTELS,    RESTAURANTS   AND   ROOMING   AND 
BOARDING  HOUSES. 

Rule  154.  A  person  or  corporation  engaged  in 
the  preparation  or  sale  of  food  in  any  hotel,  public 
restaurant,  public  dining  room,  dining  car  or  steam- 
boat in  this  State,  or  an  officer  of  any  public,  penal 
or  charitable  institution  in  this  State,  shall  not  use  in 
the  preparation  or  service  of  any  food  utensils,  dishes 
or  other  containers  which  have  not  been  previously 
cleansed  in  a  sanitary  manner;  and  shall  not  serve 
any  food  or  beverage  which  is  not  prepared  of  clean, 
wholesome  ingredients  properly  cooked  so  as  to  be 

itible ;  nor  shall  the  table  linens  in  any  such  place 
be  soiled  ;it  time  of  service  of  meals,  and.  where  table 

Linens  are  n<  irface  of  tables  and 

counters  shall  DC  D  1"'  kept 

(dean  and  be  of  uniform  color.  Cooks  ami  wail 

i  and  wear  (dean  clothing,  must  care- 
fully wash  their  hands  b  rving  any 
articli                               ll  and  m:;                      lir  hands  from 
ICl   With   any  article  Of  food  after  i;  I'd  so 
far  as  possible.   Tables  and  dining  room  shall  be  kept 

<dean  at  all  times,  and  food  shall  be  served  in  an  at- 
tract! H  to  u\<\  in  its  digestion.  This 
rule  applies  equally  to  soda  fountains,  soft  drink  and 

bin  •  Is  of  all   kirn 

Rule   156.    The  sanita  di^ion   of  the  hotel 

ki+chen,  dining  room,  cellar,  office,  ice  boxes,  and  all 

u  are  kept  prepared  or  stored,  shall 

be  literally  i  l.    Places  and  receptacles  where 

l  are  required  in  be  kept  insect, 

mouse  and  rat  proof  and  properly  screened,   Serving 

tables,    brocks  i,   buckets,   knives,   saws, 

cleavers  and   other  utensils  and  machinery  used   in 

moving   handling,  cutting,  chopping,  mixing  or 

incr  foods  are  required  to    be    thoroughly    sterilized 

dailv  by  hot  water  or  steam  and  thorough  cleansing, 

and    the   clothes   and   bands   of   cooks,   stewards   and 

clean  and  sanitary.  Canned  goods  when 


Care   of 
dishes    and 
containers. 
Linen. 

and 
waiters. 
Food  so 
prepared 
and  st  rved 
as  to  be  at- 
tractive and 

ible. 

drink 
and   lunch 
stands. 


Sanitary 
condition 

kitchen, 
dining  room 
and    cellars, 
■  acles 
to  be  cat, 

and 
insect 

Utensils  to 
be    ster- 
ilized   daily. 


190 


HEALTH  LAWS  OF  KENTUCKY 


Separation 
of  kitchens 
and  store 
room  from 
barber 
shops. 


Covered 

garbage 

cans. 

Contents 

removed 

flaily. 


Cold  storage 
eggs  to  be 
indicated  on 


menu, 
cards. 


Screening 
and    flies    to 
be    actually- 
kept    out   of 
all  eating 
places. 


Proper 

windows 

imperative. 


opened,  or  prepared  foods  containing  any  of  the  fruit 
acids,  are  not  permitted  to  be  stored  in  tin  or  zinc  con- 
tainers. 

Rule  156.  No  beds,  bedding,  cots  or  other  furni- 
ture used  for  sleeping  purposes  shall  be  used  or  stored 
in  the  kitchen  or  other  places  where  food  is  stored, 
kept  or  prepared  in  restaurants,  hotels  or  other  public 
eating  places.  All  bedrooms  in  hotels,  restaurants  or 
other  public  eating  places  shall  be  kept  tightly  parti- 
tioned and  kept  closed  from  any  place  where  food 
is  prepared  and  stored.  No  door  from  a  bedroom  in 
hotels,  restaurants  and  other  public  eating  places  shall 
enter  directly  into  the  kitchen  or  place  where  food  is 
prepared  for  the  public.  Lunch  counters  in  connec- 
tion with  a  barber  shop  are  prohibited  unless  the  bar- 
ber shop  is  tightly  partitioned  without  door  or  other 
connection  from  such  eating  place. 

Rule  157.  All  garbage  and  kitchen  refuse  must 
be  kept  in  tight  cans,  with  a  metal  cover  encircling  the 
top  of  the  can,  and  which,  with  tin  cans,  paper  and 
other  trash,  must  be  removed  once  daily. 

Rule  159.  No  eggs  which  have  been  kept  in  cold 
storage  or  refrigeration  shall  be  served  to  the  patrons 
of  any  hotel  or  restaurant  without  notice  on  the  bill 
of  fare,  or  verbally  if  no  bill  of  fare  is  used,  that 
such  eggs  have  been  so  kept. 

Rule  160.  The  dining  room  and  kitchen  of  all 
hotels,  restaurants  and  boarding  houses  shall  be  fitted 
with  self-closing  wire  screen  doors  and  window  screens 
of  not  coarser  than  14  mesh  gauze,  and  the  flies  actual- 
ly kept  out,  and  no  food  to  be  served  in  such  rooms 
shall  be  exposed  outside  of  such  rooms  or  in  transit 
without  full  protection  against  flies,  dust  or  other 
contamination. 

Rule  161.  There  shall  be  at  least  one  window  in 
each  room  opening  to  the  outside  of  the  house  or  to 
a  roomy  well  lighted  court,  which  may  be  raised  and 
lowered  at  the  convenience  of  the  guest,  at  least  one 
door  opening  into  a  hallway  or  to  the  outside  of  the 


HEALTH  LAWS  OF  KENTUCKY 


191 


house  with  a  transom  over  the  door,  extending  the 
full  width  of  the  same,  and  not  less  than  twelve  inches 
in  height,  the  windows  be  kept  in  good  order  at  all 
times,  so  that  they  may  be  raised  or  lowered  at  the 
convenience  of  the  guest,  thus  affording  sufficient  day- 
light and  ventilation  for  the  health  and  comfort  of 
those  occupying  such  room,  and  no  room  shall  be  let, 
or  even  furnished  as  a  bedroom  which  does  not  meet 
requirements. 

Bole  162.  For  the  "comfort  and  safety  of  the  Heating, 
guests,"  all  hotels,  restaurants,  rooming  houses  and 
apartment  houses  must  be  properly  heated  in  the 
winter  time  and  during  the  cool  or  cold  weather  in 
late  fall  and  early  spring  seasons.  Heat  in  sitting 
rooms  of  places  under  the  hotel  department  must  be 
provided  during  the  above  mentioned  seasons,  if  the 
weather  is  such  as  to  make  it  necessary,  or  gue> 
[neat  their  rooms  to  be  heated. 

Role  163.  For  washing  the  floors  and  woodwork 
in  t lie  halls,  offices,  dining  room,  sleeping  rooms, 
kitchen  or  other  rooms  and  closets,  and  for  general 
disinfection  of  the  chambers,  washbowls  and  water 
pitchers,  a  good  scouring  soap  or  powder  and  warm 

r  containing  two  ounces  of  creolin  or  lysol  to 
each  six  quarts  of  warm  water  will  aid  in  keeping  such 
vessels,  rooms  and  furniture  in  a  condition  favorable 
to  the  health  and  eomforl  of  the  quests  of  such  hotel. 
i  164.  Whenever  a  room  has  been  occupied 
by  a  guest  sick  with  or  e  <»  any  communicable 

•  shall  be  completely  fumigated  in  accordance 
with  the  directions  of  the  local  health  officer  before 
being  upied  by  another  guest. 

Rule  165.  Whenever  a  room  in  a  hotel  is  in- 
i  with  bedbugs  or  other  vermin,  such  means  of 
in ination  may  be  used  as  may  be  found  expedient 
by  the  proprietor,  but  must  be  continued  until  all 
evidences  of  such  vermin,  or  bedbugs  are  removed; 
and  when  fumigation  and  disinfection  are  required,  the 
following  practical  method  will  be  found  beneficial: 


Floors  and 
wood  work. 

\V:ish 

bowls. 


Tn'*»cted 
rooms. 


Vermin. 


192 


HEALTH  LAWS  OF  KENTUCKY 


Method   of 
fumigation 
for    infec- 
tion   or   for 
vermin. 


Sewer 

connections. 
Septic  tank 
privies. 


Instructions  for  disinfecting  a  room.  First  seal  up 
the  openings  in  the  room  to  be  fumigated  by  stuffing 
cotton  or  linen  strips  into  the  cracks  of  the  windows, 
doors  and  transoms;  also  stop  up  chimney  holes,  if 
any;  then  take  an  enameled  vessel  of  not  less  than 
six  quarts  capacity,  and  for  each  one  thousand  cubic 
feet  of  air  space  in  the  room  use  four  fluid  ounces  of 
forty  per  cent  formaldehyde.  Place  the  vessel  in  the 
center  of  the  room  and  put  the  formaldehyde  into  it; 
then  when  everything  is  in  readiness  for  a  hurried  exit, 
put  one-half  ounce  of  permanganate  of  potassium  into 
the  formaldehyde,  and  get  out  of  the  room,  and  close 
up  the  door  tightly.  Allow  the  room  to  remain  thus 
sealed  for  six  hours,  after  which  the  room  should  be 
opened — all  the  doors  and  windows — to  allow  a  free 
circulation  of  air  and  sunlight,  continued  for  at  least 
six  hours.  During  such  fumigation  the  bedding  and 
mattresses  should  be  placed  over  chairs  or  hung  up 
endwise,  so  that  the  fumes  may  pass  through  and 
around  «ach  piece. t 

*Rule  166.  All  hotels  and  restaurants  in  this  State 
not  located  upon  a  line  of  and  actually  connected  with 
an  approved  system  of  sewers,  shall,  on  or  before  No- 
vember 1,  1919,  be  provided  with  septic  tank  sanitary 
privies,  with  which  toilet  and  bath  rooms  and  closets 
shall  be  connected  where  water  supplies  for  flushing 
purposes  are  available,  or  for  outdoor  privies  where 
such  water  supplies  do  not  exist,  proportioned  in  size 
and  arrangement  to  the  number  and  sex  of  the  per- 
sons likely  to  use  them,  such  tanks  to  be  located  near- 
by, but  below  the  level  of  or  draining  away  from  or  as 


fThere  is  absolutely  no  danger  from  fire  from  such  fumi- 
gation, and  as  it  is  inexpensive,  should  be  given  each  room 
at  least  four  times  a  year. 

*  By  reference  to  Rule  198,  it  will  be  seen  that  the  same  re- 
quirement is  made  for  all  public  buildings  in  the  state  not  on 
lines  of  sewers.  This  form  of  tank  and  privy  not  being  patented 
is  inexpensive  if  constructed  and  operated  in  strict  accordance 
with  instructions,  is  self-cleaning,  fly-proof  and  will  last  forever, 
and  has  been  adopted  and  is  in  extensive  use  in  many  other 
states  and  countries.  Bulletins  with  plans  and  full  directions 
will   be  sent  free  upon  application. 


HEALTH  LAWS  OP  KENTUCKY 


193 


remote  as  possible  from  the  nearest  wells  or  springs, 
such   tanks   to   be   modeled   after  those   of   the   Ken- 
Sanitary  Privy,  or  some  other  plan  approved  by 
board  of  health.  Some  reliable  person  shall 
i  and  held  responsible  for  the  du:y  of  en- 
forcing the  printed  instructions  -which  will  be  furnish- 
y  the  board  for  posting  in  each  of  such  toilet  or 
privy  rooms. 

Rule  167.  When  any  person,  firm  or  corporation 
conducting  a  hotel  or  restaurant  in  this  State  shall 
make  an  appeal  from  an  order  of  an  officer  or  in- 
spector of  the  state  board  of  health  directing  said 
person,  firm  or  corporation,  to  abate  any  condition  or 
violation  of  the  statutes  or  of  these  rules,  it  shall  tile 
in  writing  of  such  appeal  with  the  state  board 
of  health  at  its  office  within  ten  days  after  the 
ice  of  the  order.  Thereupon  the  state  board  of  health 
shall  designate  a  mploy  who  shall  hear 

such  appeal  and  he  shall  take  sneh  by  affi- 

by  wit  i  •  as  will  best 

out   the  fa  riving  due  notice  to  the 

parties  concerned.    0  e  completion  of  this   ta- 

xation he  shall  report    in    writing    to    the    state 
1  of  heai  b  shall  notify  the  person,  firm  or 

corporation  oi 

ion  5,  Section  201 


TTpnrinss 
and   ap- 
peals. 


LWAY  AND  SLEEPING  CARS  AND  STATIONS 

e  168.    All  day  coaches  engaged  for  regular  or   carp  of  day 
travel  shall  be  thoroughly  cleansed  after    Ru*i,    mat- 

„.,..„  ,  ,  tinirs  and 

racn  points  as  facility  ame  have  been  scats. 

ivided,  or  ar<  *c  board  of  health, 

In  no  ease  shall  sneh  cleansing  be  Less  frequently  per- 

Ird  day  of  086.      In  sneh  cleans- 
'kI  upholster*  and  back- 

practicable,  BhaU  be  removed  from  the  coach 
air  for  mechanical  cleansing,  and  be  ex- 
posed to  sunlight  n  prevailing  meteorological 
Conditions  will   permi*. 


n.  L. 


394 


HEALTH  LAWS  OF  KENTUCKY 


Method  of 
cleansing-. 


Anti-spit- 
tinsr    pro- 
vision. 
All   train- 
men made 
inspectors. 


Treatment 
of  Inf<  cud 
coaches. 


Care    of 

toilet 

rooms. 

Disinfected 

after  each 

trip. 


Apply    to 
sleeping-, 
chair  and 
dining  cars. 


Rule  169.  All  interior  surfaces  in  coaches  are  to 
be  mopped,  scrubbed  or  cleansed,  at  intervals  of  not 
more  than  ten  days,  with  solutions  of  mercury  bichlo- 
ride, carbolic  acid,  tricreosol  or  other  disinfecting 
preparation  preferred  by  any  corporation  and  ap- 
proved by  this  board  as  to  ingredients  and  strength. 

Rule  170.  Spittoons  are  to  be  provided  in  num- 
bers of  not  less  than  one  for  each  seat  in  all  smoking 
cars  and  toilet  rooms,  and  one  at  each  end  of  all  other 
day  coaches  and  in  all  waiting  rooms.  Placards  pro- 
vided by  this  board  shall  be  displayed  at  each  end  of 
all  such  coaches  and  in  all  waiting  rooms,  indicating 
the  importance  of  using  the  spittoons,  and  it  shall  be  a 
violation  of  these  rules  for  any  person  to  spit  upon 
the  floor,  or  platform,  of  any  railway  car,  or  other 
public  conveyance,  or  upon  the  floor  of  any  waiting 
room  or  platform  in  any  station  or  depot;  all  con- 
ductors and  other  train  and  station  men  within  this 
Commonwealth  are  hereby  appointed  special  sanitary 
inspectors  of  the  state  board  of  health  to  assist  in 
securing  the  proper  enforcement  of  this  rule. 

Rule  171.  All  coaches  of  any  kind  in  which  an 
actute  infectious  disease  has  been  carried  shall  re- 
main closed  and  unoccupied  after  such  person  has 
been  removed  until  it  has  been  thoroughly  cleansed  and 
disinfected.  All  day  coaches  .in  regular  use  for 
through  travel  are  to  be  disinfected  after  cleansing, 
by  some  method  approved  by  this  board,  at  intervals 
of  not  more  than  ten  days. 

Rule  172.  All  toilet  rooms,  water  closets,  urinals, 
spittoons  and  toilet  appliances  are  to  be  scrubbed  with 
soap  and  hot  water  and  disinfected  with  formalin,  or 
other  approved  method,  after  each  trip's  use,  and 
kept  as  clean  as  possible  when  on  the  road  and  all 
similar  rooms  and  appliances  in  stations  shall  be 
cleansed  daily  in  the  same  way. 

Rule  173.  All  preceding  regulations  in  regard  to 
cleanliness  and  disinfection  shall    apply    equally    to 


HEALTH  LAWS  OF  KENTUCKY 


195 


sleeping,  dining,  buffet  and  parlor  cars  used  in  the 
service  of  the  public 

Kule  174.  All  blankets,  curtains  and  hangings 
used  in  sleeping  ears  shall  be  exposed  to  superheated 
steam  or  other  means  of  disinfection,  approved  by  this 
board,  at  intervals  of  not  more  than  ten  days,  and  all 
matti  hall  be  so  treated  at  intervals  of  not  more 

than  thirty  day-. 

Rule  175.  In  each  Bleeping  ear  there  shall  be 
rani'  ..ny  approved  sanitary  type,  meet- 

ing tli«-  approval  of  this  board,  which  shall,  upon  the 
occupancy  of  any  upper  berth,  be  placed  therein  by  the 
car  attendant,  whose  duty  shall  also  be  to  notify  the 
occupant  of  its  r  i  for  use.   Owners  of  sleeping 

miiis:  provide  proper  supports  and  buckets  for 
sucli  spi 

B  railway  or  sleeping  car  company 

opera'  rs    within    the    limits    of   this   State   shall 

it,  and  do  porter  or  other  employe  shall  sweep, 
such  ear  while  en  route  or  occupied  by  passengers, 

or  Bhall  brash  or  dual  the  clothing  or  belongings  of 
n  in  the  aisles  or  body  of  the  eats  while  so 

oeeup 

lie     17b\      All     railway    and     trolley    depots    or 
stations   in   this  State  not   located   upon   a    line   of  and 

Uy  connected  with  an  approved  system  of  sewers, 

shall  on  or  before  November  1.  1019,  be  provided  with 

•  tank  privii  o  their  prem- 

I   in  rise  and   arrangements  to  the 

number  and  sex  of  the  persons  likely  to  use  them; 

such  tanks  to  be  located  nearby,  but  below  the  level 

r  draining  away  from,  or  as  remote  as  possible 

from,  the  ueai  ind  springs,  such  tanks  to  be 

!•  those  of  the  Kentucky  Sanitary  Privy 

or  som<'  other  plan  approved  by  the  State  Board  of 

!i.  Some  reliable  pei  tated  and 

ible  for  the  duty  of  enforcing  the  printed 

lotions  which  will  h"  furnished  by  the  board  to 

of  the  privy  hou 


Blankets, 
hangings 
and  mat- 
tresses to 
be  disin- 
fected eacli 
10  days. 


pittoons 
>r  upper 
'rths. 


su  .vping 
of   cars. 


r   con- 

ii.  ctions. 
Septic    tank 
privies. 


196 


HEALTH  LAWS  OF  KENTUCKY 


Plans  for 
water  sup- 
plies  and 
sewers  to 
be  ap- 
proved. 


Change  of 
plans    to    be 
a- proved. 
Sewer 
contracts. 


Sites  and 
plans   of 
certain 
manufactur- 
ing  plants. 


Trotection 
of  streams, 
lakes    or 
reservoirs. 


PUBLIC  WATER  SUPPLIES  AND  THE 
CONTAMINATION   OF  STREAMS 

Rule  177.  No  municipality,  corporation,  institu- 
tion or  person  shall  install  or  enter  into  contract  for 
installing,  any  public  water  supply  or  system  of  sew- 
erage until  complete  pians  and  specifications  fully  de- 
scribing such  water  supply  or  system  of  sewerage  have 
been  submitted  to  and  received  the  approval  of  the 
state  board  of  health  in  writing. 

Rule  178.  No  municipality,  corporation,  institu- 
tion or  person  shall  make  or  enter  into  contract  for 
making  any  additions  or  alterations  in  any  public 
water  supply  which  involve  a  change  in  the  source  of 
supply  or  change  in  the  method  of  treating  the  water 
for  purification  purposes  until  complete  plans  and 
specifications  fully  describing  such  additions  or  alter- 
ations have  been  submitted  to  and  received  the  ap- 
proval of  the  state  board  of  health  in  writing. 

Rule  179.  No  municipality,  corporation,  institu- 
tion or  person  shall  make  or  enter  into  contract  for 
making  any  additions  or  alterations  in  any  system  of 
sewerage  which  involve  any  change  in  the  outfalls  or 
change  in  the  methods  of  disposing  of  the  sewage  until 
complete  plans  and  specifications  fully  describing  such 
additions  or  alterations  have  been  submitted  to  and 
received  the  approval  of  the  state  board  of  health  in 
writing. 

Rule  180.  No  municipality,  corporation,  institu- 
tion or  person  shall  adopt  a  site  for  the  location  of  any 
manufacturing  or  other  industry,  which  produces 
putrescible  or  otherwise  objectionable  liquid  wastes, 
until  said  site  is  approved  by  the  state  board  of 
health,  and  some  method  for  adequately  purifying 
such  wastes,  satisfactory  to  the  board,  has  been 
adopted. 

Rule  181.  No  person  shall  put  the  carcass  or  any 
part  thereof  of  any  dead  animal  or  the  offal  from  any 
slaughterhouse,  butcher  house  or  fish  house  or  any 
other  spoiled  meat  or  fish  or  any  putrid  animal  sub- 


HEALTH  LAWS  OF  KENTUCKY 


197 


stance  upon  the  bank  of  or  into  any  river,  stream, 
pond,  lake,  reservoir,  water  works,  well,  cistern  or 
other  place  connected  with  a  domestic  water  supply, 
or  permit  any  such  things  to  remain  on  any  such  prein- 

iwned  by  him  which  endangers  the  water  supply 

ly  family  or  community. 


NUISANCES   WHICH   MAY    AFFECT    LIFE    AND 

HEALTH. 

Kule  182.     The  local  health  officer,  upon  receiving 
.plaint  of  tl>  ace  within  his  jurisdiction  of 

a  nuisance  which  may  affect  health,  or  is  so  offensive 
to  tli  as  to  interfere  with  the  comfort  or  en- 

joyment of  life,  or  when  the  probable  existence  of  any 
to  aia  attention,  shall  make  an 
immediate   and  thorough    investigation,   and   if  such 
all  take  all  measures  within  his 
•  and  authority  to  secure  its  abatement. 
Kule    183.     The   health    officer   shall    within    five 
of  tin'  receipt  of  the  complaint  file  with  the  local 
board  of  health  \ 

(a)  The  complaint,  if  made  in  writing,  or,  if  not 

6  in  writing,  a  summary  thereof;  or,  if 
no  complaint  has  been  made,  a  statement  of 
th     facts:  and 

(b)  A  report  showing: 
(i)   His  findings. 

(ii)   His  opinion  as  .er  or  not  the  con- 

ditions amount  to  a  nuisance  likely  to 
affect  health, 
(iii)   The  action,   if  any,   taken   by   him;  and 
(iv)  AVI  neb  nuisance  has  been  abated. 

Rule   184.     If  said   report   of   the   health   officer 
stages  that  t!  b  nuisance  likely  to  affect  health 

which  has  not  1 n  abated,  the  local  board  of  health 

shall  convene  promptly,  Investigate  the  alleged  nuis- 

and  tak<-  the  i  "ps  provided  by  law 

for  its  abatement,  or,  within  a  reasonable  time  from 


Health 
officer  to 
investigate. 


Duties  of 
health    offl- 

ii  re- 
ceipt  of 
complaint. 


Board    to 
convene. 


198 


HEALTH  LAWS  OF  KENTUCKY 


Duty  of 
health    offi- 
cer if  board 
fails  to  act. 


Notice  to 

convene 

board. 


the  filing'  of  the  health  officer's  report,  enter  on  its 
minutes  its  decision,  giving  its  reason  for  not  taking 
action. 

Rule  185.  Within  forty-eight  hours  after  the 
entry  of  such  decision,  the  health  officer  shall  forward 
a  copy  thereof  to  the  state  board  of  health,  together 
with  the  original  or  copies  of  the  papers  filed  by  him 
with  the  local  board. 

Rule  186.  If,  in  the  pinion  of  the  state  board  of 
health,  the  conditions  complained  of  constitute  a  nuis- 
ance likely  to  affect  health  and  the  abatement  or  re- 
moval thereof  is  necessary  for  the  public  good  and  for 
the  protection  of  life  and  health,  the  said  board  may 
by  notice  to  the  presiding  officer  of  the  local  board  of 
health  direct  him  to  convene  such  local  board  to  take 
certain  definite  proceedings  concerning  which  the  said 
board  is  satisfied  that  the  action  recommended  by  him 
is  necessary  for  the  public  good  and  is  within  the  jur- 
isdiction of  such  local  board  of  health. 

Rule  187.  Upon  the  receipt  of  such  notice  from 
the  state  board  of  health,  the  presiding  officer  of  the 
local  board  of  health  shall  promptly  convene  such  local 
board,  which  shall  take  the  action  directed  by  the 
said  board. 

FORM  OF  NOTICES  FOR  NUISANCES. 

Rule  188.  The  following  shall  be  the  form  for 
the  abatement  of  nuisances  after  they  have  been  de- 
clared such  by  the  local  board  of  health  having  juris- 
diction : 

Office  of  the County    (or  City) 

Board  of  Health. 

Ky.,    19 

To owner    (or    occupant) 

of Under  the  authority 

conferred  upon  this  board  by  section  2057  of  the  Ken- 
tucky Statutes,  you  are  hereby  notified  that,  after  ex- 
amination, the  board  has  decided  that  a  nuisance 
dangerous  to  the  public  health   (or  source  of  filth  or 


HEALTH  LAWS  OF  KENTUCKY  199 

cause  of  sickness)  exists  on  the  above  described  prem- 
ises, as  follows and,  under 

the   express   power   and   authority   conferred  by   said 
tute,  you  are  hereby  ordered  to  remove  the  same 

in  hours   (days)   after  the  service 

of  this  notk  •.  Which  time  this  board  lias  deeided  is  a 
reasonable  time  for  the  removal  of  said  nuisance 
tree  of  filth,  or  cause  of  sickness),  and  you  are 
warned  that  if  yon  shall  rail  or  neglecl  so  to  do,  that 
the  law  provides  that  you  shall  be  fined  not  less  than 
ten  nor  more  than  one  hundred  dollars,  and  that  each 
day's  continuance  of  such  nuisance  (or  source  of  filth, 
or  cause  of  sick  b  separate  offense. 

Done  by  the  County   (or  City) 

Board  of  Health,  al  a  meeting  held  at  

Ky..  at  o'clock,  a.  m.  (p.  m.), 

L9        .  i  q  >f  said  board  being    pr<  rod 


and   Health  Officer.  County. 

Such  a  shall  be  prepared  In  duplicate,  and 

one  copy  shall  be  served  on  the  owner  <>r  occupant  of 

erty  containing  the  nuisance,    or    source   of 

filth,  or  cause  61  sickness,  and  one  retained  by  the 

irving  said   notice. 

shall  note  thereon  I  \\  hour  and  day,  and 

the  manner  in  which   and   upon   whom    it    has    been 

,1  when  so  served  and  noted,  said  copy  shall 

ridenee  that  a  nuisance  exists  on  such 

premi     •        rach  not 

3CELLANEOUS. 

Moviv;  vu  'i  [JRB  AND  OTHER  THEATERS  AND 
ASSEMBLY  ROOMS. 

Rule  189,    Moving  picture  and  other  theater  and 

ibly  rooms  shall  be  well  ventilated,  with  ample 

provi  clean,  fresh  air  and  for  keeping 

it  in  motion  during  all  performances.    They  shall  be 


200 


HEALTH  LAWS  OF  KENTUCKY 


Spitting  in 
pu  Dis- 
places  for- 
biddrn. 
Untroarded 
cougrhing- 
and  eneez- 
inir   for- 
bidden. 


heated  when  necessary  to  between  68  degrees  and  75 
degrees  P.  The  walls  and  floors  shall  be  kept  clean, 
and,  at  the  discretion  of  the  local  board  of  health  hav- 
ing jurisdiction,  they  may  be  closed  by  written  order 
during  any  epidemic  of  disease  likely  to  be  spread  by 
crowds.  After  August  1,  1919,  no  motion  picture  or 
other  theater  or  assembly  room  shall  be  built  or  used 
or  occupied  as  such  without  first  submitting  plans  to 
and  securing  a  permit  from,  the  state  board  of  health. 

HOUSING. 

Rule  190.  Every  person,  firm  or  corporation  em- 
ploying labor  and  providing  housing  for  same  or  for 
renting,  leasing  or  housing,  shall  provide  for  each 
house  or  group  of  houses  a  pure,  abundant  and  acces- 
sible drinking  water  supply;  shall  prevent  soil  pollu- 
tion by  connection  with  or  installation  of  a  sanitary 
sewage  system,  or  by  the  installation  of  Kentucky  sani- 
tary privies;  shall  provide  fly-proof  screens  for  dining 
rooms  and  kitchens,  and  shall  provide  adequate  hous- 
ing room  for  each  family.  All  plans  for  new  installa- 
tions and  alterations  of  existing  ones  shall  be  submitted 
to  the  state  board  of  health  for  approval  of  their  sani- 
tary conditions  before  beginning  work  on  same,  and 
owners  of  houses  whose  unsanitary  condition  or  sur- 
roundings cause  disease  to  their  inmates  or  neighbors 
shall  be  liable  for  the  expense  caused  thereby. 

Rule  191.  Spitting  in  public  places  forbidden. 
Spitting  upon  the  floor  of  schools,  court  houses  or 
other  public  buildings  or  buildings  used  for  public 
assemblage,  or  upon  the  floors,  walls  or  platforms  or 
any  part  of  any  railroad  or  trolley  car  or  stations  or 
boat,  or  any  other  public  conveyance,  is  forbidden. 
In  order  to  prevent  the  conveyance  of  infective  ma- 
terial to  others,  all  persons  are  required,  in  cough- 
ing and  sneezing,  properly  to  cover  the  nose  and 
mouth  with  a  handkerchief  or  other  protective  sub- 
stitute. It  shall  also  be  the  duty  of  every  person  to 
observe  all  such  regulations  as  may  be  issued  by  the 


HEALTH  LAWS  OF  KENTUCKY 


311 


state  board  of  health  to  prevent  the  transfer  of  in- 

re  materia]  from  the  nose  and  mouth. 

Kule  192.  Common  towel  forbidden.  No  person, 
firm  or  corpora  don  owning,  in  charge  of,  or  in  control 
v  lavatory  or  wash  room  in  any  hotel,  lodging 
house,  restaurant,  factory,  store,  office  building,  rail- 
way or  trolley  station,  or  public  conveyance  by  land 
or  water  shall  provide  in  or  about  such  lavatory  or 
wash  room  any  towel  for  common  use.  The  term 
"common  use"  in  this  regulation  shall  be  construed 
to  mean,  for  use  by  more  than  one  person  without 
ing. 

Rule  193.  Common  drinking  cups  and  drinking 
and  eating  utensils  forbidden.  The  use  of  common 
drinking  cups,  and  of  common  drinking  or  eating 
ils  in  any  public  place  or  public  institution,  ex- 
cept in  hospirals  tor  the  insane,  or  in  any  hotel,  saloon, 
lodging  house  e,  factory,  store,  school  or  public 

hall  or  in  any  railway  or  trolley  car  or  ferry  boat;  or 
in  any  railway  or  trolley  station  or  ferry  house;  or 
the  furnishing  of  any  such  common  drinking  cup  or 
drinking  or  1 1  common  use  in  any  such 

place  is  prohibited. 

The  term  "common  use"  in  this  regulation  shall 
be  construed  to  mean,  for  use  by  more  than  one  per- 
son withoul  adequate  cleansing. 

Bole  194.  Barbers  and  barber  shops.  Every  bar- 
ber oi-  other  person  in  charge  of  any  barber  shop  shall 
snefc  barber  shop  at  all  times  in  a  clean  and  sani- 
tary condition. 

No  person  shall  act  as  a  barber  who  is  affected 
with  syphilis  in  the  infective  stage  or  with  any  other 

nunieable  disease  rated  in  this  code,  in  an 

rm,  or  with  any  communicable  affection  of  the 
skin. 

The  hands  of  the  barber  shall  be  washed  with  soap 
and   water  before  serving  each  customer. 

No  shaving  or  lather  brush  shall  be  used  in  any 

barber  shop  unless  the  hair  or  bristles  thereof  have 

fl  for  one  hour  in  a  solution  of  J  to  1,000 


Common 

towel 

lorbidden. 


Barton  and 
barber 

shops. 


Methods 
and  pre- 
cautions. 


202  HEALTH  LAWS  OF  KENTUCKY 

corrosive  sublimate   as   a  safeguard  against   anthrax 
germs. 

Brushes  and  combs  shall  frequently  be  cleansed 
with  soap  and  water. 

Shaving  mugs  and  brushes  shall  be  thoroughly 
rinsed  after  each  use  thereof. 

There  shall  be  a  separate  clean  towel  for  each 
customer.  The  head  rest  shall  be  covered  by  a  clean 
towel  or  paper. 

Alum  or  other  material  used  to  stop  the  flow 
of  blood  shall  be  applied  in  powdered  or  liquid  form 
only. 

After  the  handling  of  a  customer  affected  with 
am^  eruption,  or  whose  skin  is  broken  out,  or  is  in- 
flamed or  contains  pus,  the  hands  of  the  barber  shall 
be  immediately  disinfected.  This  shall  be  done  by 
thorough  washing  with  soap  and  water,  followed  by 
rinsing  in  alcohol  (70  to  80  per  cent.)  or  in  a  solu- 
tion of  corrosive  sublimate  (1  to  1,000),  or  by  the 
use  of  some  equally  efficient  disinfectant. 

The  instruments  used  for  a  customer  affected 
with  any  of  the  above  named  disorders  shall  be  made 
safe  immediately  after  such  use  by  washing  with  soap 
and  water  and  dipping  for  one  minute  in  a  ten  per 
cent,  solution  of  commercial  (40  per  cent.)  formalin; 
or  dipping  for  three  minutes  in  alcohol  (70  to  80  per 
cent.),  or  by  use  of  some  equally  efficient  disinfectant. 

No  cup  or  brush  which  has  been  used  in  the  shav- 
ing of  a  customer  affected  with  any  of  the  above  in- 
fectious disorders  of  the  face  shall  be  used  for  an- 
other customer  unless  the  cup  shall  have  been  emptied 
and  cleansed  by  boiling  water  and  furnished  with  fresh 
soap,  and  the  brush  has  been  sterilized  by  a  three 
minutes'  exposure  to  alcohol  (70  to  80  per  cent.),  or 
to  a  corrosive  sublimate  solution  (1  to  1,000),  or  by  the 
use  of  some  equally  efficient  disinfectant. 
Manucures  Rule  195.    Manicures  and  chiropodists.  The  uten- 

poaists.  rc  sils  and  instruments  employed  by  manicures  and  chi- 
ropodists in  pursuit  of  their  occupations  shall  be  kept 
in  a  clean  and  sanitary  condition. 


HEALTH  LAWS  OF  KENTUCKY 


203 


After  serving  customers  affected  with  a  visible 
skin  disease  the  hands  and  instruments  of  the  operators 
shall  be  immediately  cleansed  and  sterilized.  Every 
barber  or  other  person  in  charge  of  any  barber  shop 
or  place  where  manicuring  or  chiropody  is  done  shall 
:  thifl  and  the  preceding  rule  in  such  shop. 

Rule  196.  All  matters  pertaining  to  the  enforce- 
ment of  the  drug  section  of  the  Food  and  Drug  Act 
will  be  referred  to  a  committee  of  the  president  and 
secretary  of  the  State  Board  of  Pharmacy,  the  presi- 
dent ami  Secretary  of  the  State  Hoard  of  Health  and 
the  drug  inspector  of  the  state  Hoard  of  Health  with 
power  to  act  with  this  board.  This  committee  will  re- 
port to  the  board  an  ion  will  be  ratified  by  it. 
person  shall  spit  upon  the  floors, 

walls  or  entrances  of  any  eour.  house,  school  house, 
church  <>r  other  place  of  public  assembly,  upon  the 
sidewalks  of  any  city  or  town,  or  upon  the  tloors,  walls 
or  platforms  pf  any  railroad  or  trolley  car  or  station. 
Rule  198,     No  II  be  kept  or  fed  in  confine 

■  1  to  mil   l008C  on   the  streets,   within 

any  incorporated  city  "i-  town,  or  within  a  half  mile 

of  the  limits  thereof;  both   city  and   comity   boards  of 

th,  within  their  r<  •  jurisdiction,  may  grant 

litfl  for  the  k'-epii  [.on  lands  actually  in 

>r  pastures  where  th-  and  the  clean- 

tly  maintained  are  such  as  to  prevent 

her   conditions    inimical    to    the 

adjacent  to  such 

lane 

Rule   199,     X"   person,  Sim  or  corporation  shall 

sell    oi  ■•■fi'iu   or  caskel    tor   the   burial    or 

dead  bodies  unless  the  purchaser 
■hall  present  of  the  transaction  a  burial 

p.  runt  duly  signed  by  a  Local  or  deputy  registrar  of 

ded  that   this  nil"  shall   no'   apply 

reons,  firms,  or  eorpoi  tngaged  in  the  whole- 

i  or  casket  i  or  manufacturers  of 


Regulations 

to    be 
posted. 


Pood  and 
drug  regu- 
lations. 


in 


Spittin 
public 
places  for 

bidden. 


No  hog*  in 
town  and 
city   limits 

m    warm 
ons. 


Sal.-    Of 

eoftna   snd 
caskets  to 
be  based  on 
burial 

ites. 


KENTUCKY  SANITARY  PRIVY.* 


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Vertical  Section- 


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~ Horizontal  5ection~ 


♦Showing  600  gallon  tank  which  may  be  utilized  to  dispose  of  wastes  from  bath  room 
and  indoor  closets,  or  as  an  outdoor  privy.  It  can  be  constructed  for  $25,  if  one  does  the 
work  himself  and  is  self-cleaning-,  fly-proof,  odorless  and  will  last  forever.  Bulletins  and 
plans  ior  privy  sent  free  on  application. 


HEALTH  LAWS  OF  KENTUCKY 


206 


Rule  200.  The  manure  from  every  public  and 
private  stable  and  the  yards  connected  therewith  lo- 
cated within  the  corporate  limits  of  any  incorporated 
town  or  city,  or  within  half  a  mile  of  the  boundaries 

■of,  shall  be  gathered  and  scored  in  fly-proof,  com- 
pact bins,  or  hauled  away  and  broadly  scattered  on 
the  fields  and  gardens,  once  each  week  from  April  1 
iber  1.  each  year,  in  order  to  stop  the  breed- 
ing of  flies  as  a  health  measure.* 

Rule  201.  All  hotels,  restaurants,  health  resorts, 
court  houses,  school  houses,  railway  and  trolley  stations 
and  other  places  of  public  resort  and  use,  not  on  a 
line  of  and  actually  conn,  .-led  with  an  approved  sy 

all.  on  or  before  November  1,  1919,  con- 
strue! sanitary  septic  tanks,  with  which  toilet  and  bath 
rooms  and  closets  shall  be  connected,  where  water  sup 
purposes  are  available,  or  for  outdoor 
priviea  where  Buch  water  supplies  do  not  exist,  pro- 
portioned  in  size  and  arrangement  to  the  number  and 
sex  of  tli  to  use  them;  such  tanks  to  be 

located  near  the  house,  but  below  1  of,  or  drain- 

ing away   from,   or  as  remote  as  possible   from  the 
prings;  such  tanks  to  be  modcle'd  after 
those  of  the  I  Sanitary  Privy,  or  Borne  other 

plan  approved  by  the  state  board  of  health.    Some 
in  shall  !  Etated  and  held  responsible 

{<>r  <'  reing    the    printed    instructions, 

which  will  be  by  the  board  for  posting  in 

each  of  such  toilel  or  privy  rooms.  This  form  of  tank 
ami  privy,  not  being  patented  Lb  inexpensive  if  con- 
st met. •«]  and  operated  in  strict  accordance  with  in- 
ftrucl  adopted   and    is   in   extensive 

in  many  l'esaml  eountries.    Bullet  ins  with 

I  and   t'ul!  directions  will  be  sent  free  upon  ap- 
lieation.** 


Manure  in 
puouc  and 
private 
utu  ii&  and 
yards. 


Hotels, 
railway 
stations, 
schools    and 
court 

Uousea  and 
all    other 
public  build- 
in  u's,    not 
connected 
with    sew- 
ers,   to  be 
provided 
with    septic 
tank 
privies. 
Instructions 
for  care  of 
same. 


•  Roth    as   a   health    measure,    and    for    the    protection    of   live 
stork    from    flirs    as    a    matter    of    economy,      the   *****     b~«>rd    of 

the    same    system     for    the 
weekly   removal    and    scattering   of   man  flopted    upon    all 

♦•  T'  board  of  h(  entljr    recommend    that   sim- 

t  oik  prh  <  ry  residence  in  un- 

'•luntry   districts  in   Kentucky,    as   the   most 

reliable    protection     known     against     typhoid     fever,    dysentery, 

diarrhoea,    cholera    infantum,    hOOkWOrmi     and     other    inteatlnal 

-    - 


206  HEALTH  LAWS  OP  KENTUCKY 

DRUGS. 

Rule  202.  A  drug  bearing  a  name  recognized  in 
the  United  States  Pharmacopoeia  or  National  Formu- 
lary without  sufficient  further  statement  respecting  its 
character,  shall  be  required  to  conform  in  strength, 
quality  and  purity  to  the  standards  prescribed  or  in- 
dicated for  a  drug  of  the  same  name  recognized  in 
either  of  these  above  named  standards  official  at  the 
time. 

Rule  203.  A  drug  bearing  a  name  recognized  in 
the  United  States  Pharmacopoeia  or  National  Formu- 
lary and  branded  to  show  a  different  standard  of 
strength,  quality  and  purity  shall  not  be  deemed  adul- 
terated if  it  conforms  to  its  declared  standard.  But  it 
shall  have  the  word  " unofficial7'  to  immediately  pre- 
cede its  title-label  and  in  the  same  size  type :  for  exam- 
ple, "UNOFFICIAL  TINCTURE  OPIUM,"  together 
with  a  correct  and  sufficient  statement  as  to  wherein 
the  unofficial  product  differs  from  the  standard  of 
strength,  quality  or  purity  required  in  the  Pharmaco- 
poeia or  National  Formulary.  This  ruling,  however, 
shall  .not  be  construed  to  permit  substitutes  or  imita- 
tions. As  for  example,  if  any  substance  is  substituted 
for  opium,  in  whole  or  in  part,  it  must  not  be  labeled 
"UNOFFICIAL  TINCTURE  OPIUM." 

Rule  204.  In  order  to  more  fully  carry  out  the 
intent  and  purposes  of  the  law  regarding  substitution, 
manufacturers  may  file  with  the  Director  of  the  Food 
and  Drug  Bureau  of  the  state  Board  of  health  distinct- 
ive tests  for  the  identification  of  purity  and  strength  of 
their  respective  products.  And  if  after  verification 
they  shall  be  found  true  and  correct,  the  Director  may 
adopt  same  for  the  particular  products  to  which  such 
tests  are  intended  to  apply. 

Rule  205.  No  drug  products,  whether  simple, 
mixed  or  compounded,  with  or  without  "distinctive 
names,"  are  required  to  bear  the  name  of  the  manu- 
facturer or  producer,  or  the  place  where  manufactured 
or  produced.     In  all  cases  where  the  name  of  the  party 


HEALTH  LAWS  OF  KENTUCKY  207 

or  place  is  stated  upon  the  label,  such  name  must  be 
the  true  name  of  the  actual  manufacturer,  producer,  or 

cer  and  the  true  name  of  the  place  where  the  a  trie! 
was  manufactured,  produced  or  packed. 

Rule  206.     If,  for  trade  reasons,  a  name  or  a  plac 
be   given  upon   tin4   label   of  drugs   manufactured  or 
packed  for  any  person,  firm  or  corporation  by  another 

'ii,  firm  or  corporation,  one  of  two  forms  of  labels 
ia  allowed,  viz: 

(a)  The  name  of  the  actual  manufacturer   or 
packer  and  the  place  where  the  goods  were  actual 
manufactured  or  packed  may  be  given;  or 

(b)  The  name  of  the  person,  firm  or  corporation 
for  vi  bom  the  goods  are  manufactured  or  packed  or  by 
whom  they  are  distributed  may  be  given,  if  prece 

by  the  words    'Prepared  for,"  "Manufactured  for" 
by,'1  etc.    Phe  phrase  "Sold  by"  is  not 
sufficient.     This  rule  holds  even  if  the  formula  or  pre 
script  ion   be   furnished  or  owned  by  the  parties  for 
whom  the  goods  are  manufactured  or  packed. 

Rule  -07.  tg  or  preparation  of  drugs  shall 

ild  or  offered  for  sale  or  kepi  in  stock  which  con- 

on  the  label,  carton  or  wrapper 

or  in  any  accompanying  literature,  as  to  the  medicinal 

of  the  drug  or  combination  of  drugs  whie 
untrue. 

Rule  208.     A  drug  or  p  ion  of  drugs,  except 

in   t!,  eians'   prescriptions,   or  drug  or 

ii  of  dri^  zed  in  the  United  States 

opoeia  or  National  Formulary,  is  misbranded 

•    fails  tO  be;!.  ue-nt  on  the  label  of  the 

y  or  proportion  which  shall  not  vary 

'he  (piaut it \    claimed  of  any  alcohol, 

morphine,  opium,  eocaine,  heroin,  alpha  or  beta  eucaine, 

chloroform,  cannabis  indica,  chloral  hydrate  or  acetani- 

lide,  or  any  derivative,  or  any  preparation  of  any  such 

:  at  is  contained  therein. 

The  words  alcohol,  morphine,  opium,  etc.,  in  quan- 

or  in":  which  is  required  to  be 


208  HEALTH  LAWS  OF  KENTUCKY 

stated  in  the  label  in  accordance  with  Paragraph  4  of 
Section  7  of  the  Food  and  Drug  Law,  shall  be  plainly 
written  or  printed  in  letters  corresponding  in  size  to 
eight-point  (brevier)  caps  where  the  size  of  the  pack- 
age will  permit.  In  case  the  size  of  the  package  is  too 
small  for  such  type,  the  size  of  the  type  may  be  reduced 
proportionately. 

Eule  209.  If  the  true  formula  is  printed  on  the 
package  or  label  of  a  drug  in  type  defined  in  the  Regu- 
lation, or  plainly  written  on  the  label,  it  shall  be 
deemed  to  comply  with  the  law.  The  term  " alcohol' ' 
is  defined  o  mean  ethyl  alochol,  of  the  degree  of  refine- 
ment required  in  the  Pharmacopoeia.  No  other  kind  of 
alcohol  is  permissible  in  the  manufacture  of  drugs  ex- 
cept as  specified  in  the  above. 

Rule  210.  Where  a  dealer  has  preparations  on  his 
shelves  containing  substances  as  enumerated  in  the  law 
which  are  required  to  be  named  on  the  label,  and  wlrch 
are  not  so  named  on  the  label,  and  where  it  is  found 
impossible  for  the  realer  to  ob'ain  from  the  manufac- 
turer the  percentages  of  any  of  these  substances  con- 
tainen  therein,  ani  where  request  is  made  from  a  suffi- 
cient number  of  druggists  in  different  sections  of  the 
state  regarding  a  drug  product,  the  Director  of  the  Ex- 
periment Station  shall  procure  samples  of  said  drugs 
and  determine  by  analysis  the  amount  of  alcohol,  co- 
caine, opium,  etc.,  contained  in  any  such  drug  product 
and  furnish  the  dealer  the  necessary  data  to  be  placed 
on  said  labels.  Any  such  analysis  placed  upon  the 
label  of  any  drug  shall  not  bear  the  name  of  the  analyst 
nor  the  name  of  the  Experiment  Station.  Dealers  must 
make  application  for  such  request  before  July  1,  1919. 

Rule  211.  The  use  of  sacharin  and  saponin  is  ab- 
solutely forbidden  in  the  prepaariton  of  any  drug  food 
or  beverage  intended  for  human  consumption. 


HEALTH  LAW*  OF  KENTUCKY  209 

TRANSPORTATION   OF  DEAD  BODIES. 

Rule  212.  The  transportation  of  bodies  dead  of 
smallpox  or  bubonic  plague,  is  absolutely  prohibited. 

The  transportation  of  bodies  dead  of  Asiatic 
cholera,  yellow  'fever,  typhus  fever,  diphtheria 
(Membranous  croup),  scarlet  lever  (scarlatina,  scarlet 
rash),  erysipelas,  glanders,  anthrax  or  leprosy,  shall 
not  be  accepted  for  transportation  unless  prepared 
for  shipment  by  being  thoroughly  disinfected  by  (a) 
arterial  ami  cavity  injection  with  an  approved  dis- 
infecting fluid,  (b;  ction  and  stopping  of  all 
orifices  with  absorbent  cotton,  and  (c)  washing  the 
body  with  a  disinfectant,  all  of  which  must  be  done 
by  licensed  embalmer  holding  a  certificate  as  such, 
Led  by  the  State  Board  of  Embalming  of  Kentucky. 

After  being  'ted  as  above,  such  bodies  shall 

be  enveloped  in  a  layer  of  dry  cotton  not  less  than  one 
inch  thick,  con  i  in  a  sheet  securely 

1  i  i  air-tight  zinc,  copper  or 
lead-lined  coffin,  or  iron  casket,  all  joints  and  seams 
her  and  all  enclosed  in  a  strong,  light 

wooden  box,  or  the  body  being  prepared  for  ship- 
ment by  disinfecting  and  wrapping  as  above,  may  be 
plnced  in  a  strong  coffin  or  casket,  encased  in  an  air- 
tight zinc  copper  or  tin-lined  box,  all  joints  and  seams 
hermetically  <>d. 

Rnl  of  those  dead  of  typhoid 

fever,  puerperal  fever,   tuberculosis,   or  is,   may 

be  received  for  transportation  when  prepared  for  ship- 
wit  h  an  approved 
fluid,  and  washing  the  exterior  of  the  body 
with  the  same,  which  must  be  done  by  a  licensed  em- 
lila', km-  holding  a  certificate  as  provided  for  in  Rule 

Rule  214.     The  bodies  of  those  dead  from  any 

cause  not  stated  in  Role  212  ma;  is- 

tation    when  I   in  a   sound   coffin   or   cas- 

ktt,    ind    *nHo*rd    in    a    strong   outride    wooden    box. 


210  HEALTH  LAWS  OF  KENTUCKY 

provided  they  can  reach  their  destination  within 
30  hours  from  the  time  of  death.  If  the  bod}' 
cannot  reach  its  destination  within  30  hours  from  the 
time  of  death,  it  must  be  prepared  for  shipment  by 
arterial  and  cavity  injection  with  an  approved  disin- 
fecting fluid,  and  washing  the  exterior  of  the  body  with 
the  same  by  a  licensed  embalmer,  as  defined  and  di- 
rected in  Rule  212. 

Rule  215.  In  the  shipment  of  bodies  dead  from 
any  disease  named  in  Rule  212,  such  body  must  not 
be  accompanied  by  persons  or  articles  which  have  been 
exposed  to  the  infection  of  the  disease  unless  certified 
by  the  health  officer  as  having  been  properly  disin- 
fected. 

Before  selling  tickets,  agents  should  carefully  ex- 
amine the  transit  permit  and  note  the  name  of  the 
passenger  in  charge,  and  of  any  others  proposing  to 
accompany  the  body,  and  see  that  all  necessary  pre- 
cautions have  been  taken  to  prevent  the  spread  of  the 
disease.  The  transit  permit  shall  in  such  cases  speci- 
fically state  who  is  authorized  by  the  health  authori- 
ties to  accompany  the  remains.  In  all  cases  where 
bodies  are  forwarded  under  Rule  212  notice  must  be 
sent  by  telegraph  by  the  shipping  undertaker  to  the 
health  officer,  or,  when  there  is  no  health  officer,  to 
other  competent  authority  at  destination,  advising  the 
date  and  train  on  which  the  body  may  be  expected. 

Rule  216.  Every  dead  body  must  be  accompanied 
by  a  person  in  charge,  who  must  be  provided  with  a 
passage  ticket  and  also  present  a  full  first  class  ticket 
marked  "corpse''  for  the  transportation  of  the  body, 
and  a  transit  permit  showing  physician's  or  coroner's 
certificate,  name  of  deceased,  date  and  hour  of  death, 
age,  place  of  death,  cause  of  death,  and  all  other  items 
of  the  standard  certificate  of  death  recommended  by 
the  American  Public  Health  Association  and  adopted 
by  the  United  States  Census  Bureau,  as  far  as  obtain- 
able, whether  a  communicable  or  non-communicable 
disease,  the  point  to  which  the  body  is  to  be  shipped, 


HEALTH  LAWS    OP   KENTUCKY  21 L 

and  when  death  is  caused  by  any  of  the  diseases  speci- 
m   Kale  212,  the   aames  of  those  authorized   by 
the  health  authorities  to  accompany  the  body.     Also 
the   undertaker's  certificate  as  to  how   the   body   has 
id   for  shipment.    The  undertaker's  cer- 
tificate and  i  iall  be  detached  from  the  transit 
i1  and  securely  fastened  on  the  end  of  the  coffin 
box.    All  coffin  boxes  must  be  provided  with  at  least 
four  handles.    The  physician's  certificate  and  transit 
permit  shall  be  placed  in  an  envelope,  which  envelope 
irely  tacked  on  the  coffin  box. 

Hub'   217,      When    bodies   are   shipped    by   express 

a   transit   permit   mtu  ade  out   as  described  in 

Rule   212.    The    undertaker's   certificate   and    paster 

shall  shed  from  the  transit  permit  and  securely 

tie  coffin  box.   ^ha  phys  certificate 

and    transit    |  -;:;:'I    be    a1   ached    to    and    aecom- 

,iybi!l   covering   the  remains,  or 

d  in  an  .  which  i  is  to  be  securely 

tacked  on  the  coffin  box,  and  be  delivered  with  the 

at  the  point  of  destination  bo  the  person  to  whom 

218.     i  disinterred    body,   dead   from 

any   .!  -hall   be   treated   as   inl'eetious  or 

I   the   public   health,   and   shall    not  be  ac- 

lOVSJ     has 

ed  by  the  state  or  provincial  health  au- 
aaving  jurisdiction  where  such  body  is  dis- 
interred, and  tin  :  of  the  health  authority 
the  I             •  >  which  the  corpse  is  consigned  has 
si]  such  disinterred  remain 
containing  the  must    be 
ped   in  a  woolen  blanket    thoroughly    saturated 
with   a    1-101)0  solution   of  Corrosive  sublimate  and    en- 
I   in  a   !■•                              Lered  zinc,  tin  or  copper- 
lined                          dies  deposited  in  receiving  vaults 

shall  not  be  tl  i.d  considered  Hi''  Same  as  buried 

lly    prepared   by  a  licensed  era- 

(fined   in   Rule  213,  and  as  directed   in 


212  HEALTH  LAWS  OF  KENTUCKY 

Rule  214  (according  to  the  nature  of  the  disease 
causing  death),  provided  shipment  takes  place  with- 
in 30  days  from  time  of  death.  The  shipment  of 
bodies  prepared  in  the  manner  above  directed  by  li- 
censed embalmers  from  receiving  vaults  may  be  made 
within  30  days  from  the  time  of  death  without  having 
to  obtain  permission  from  the  health  authorities  of  the 
locality  to  which  the  body  is  consigned.  After  30  days 
the  casket  or  coffin  containing  said  body  must  b<>  en- 
closed in  a  hermetically  soldered  box. 


i  rvJn^Wa 
SliVOMU  ,    •'      ''      N 


TO   BE    RETAINED   BY   SEXTON 

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Name  of  Deceased  

Cause  of  Death 

Date  of  Issue  


Local    Registrar 


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HEALTH  LAWS  OF  KENTUCKY  215 

PUBLICITY  FOR  RULES. 

Rule  220.  Each  local  board  of  health,  county  or 
city,  shall  procure  the  publication  of  such  of  the  fore- 

•  rules  from  time  to  time  as  will  meet  indications 
and  «  :  hat  may  arise,  and  as  will  best  pro- 

and  protect  the  public  health. 

ENFORCEMENT. 

and    regulations   made   by   the   state 
boar.;  -a  lth   and  adopted   by   the  various  local 

Is,  in  accordance  with  powers  given  by  the  act 
ing  the  State  and  local  boards  of  health,  etc.,  are 
3  to  be  obeyed  by  every  individual  in  the  State. 
All  prosec  or  violations  of  the  statute  law, 

or  tfa  of  local  boards  of  health,  should  be  in- 

stituted by  the  several  county  or  prosecuting  attorneys 
of  tl  upon  information  of  such  local  boards. 

and    regulations     are     hereby 
all  rub  gulations  heretofore  pro- 

mulgated by  circular,  card  or  pamphlets,  or  through 
p  publications,  in  conflict  with  the  foregoing, 
hereby  revok 

By  order  of  the  Board,  this  May  12,  1919. 
JOHN  G.  SOUTH,  M.  I>.  President. 
A.  T.  MfeCORMACK,  M.  D.  Secretary. 


COURT  DECISIONS  UNDER  HEALTH  LAWS. 


Superior  Court  of  Kentucky,  January  Term,  June  1,  1885 — Nelson 
County  Court,  appellant  v.  The  Town  of  Bardstown,  appellee 
— Appeal  from  Nelson  Circuit  Court. 

The  court,  being  sufficiently  advised,  delivered  the  following 
opinion  herein : 

There  was  no  conflict  in  the  evidence  showing  that  in  the  early 
summer  of  1883  the  smallpox  prevailed  in  Bardstown  to  such  an  ex- 
tent as  to  create  the  apprehension  that  it  would  spread  over  the  coun- 
ty, and  to  requite,  m  me  opinion  of  the  local  board  oi  health,  prompt 
action  to  restrain  it.  That  board  directed  the  trustees  of  the  town 
to  erect  a  pesthouse,  which  was  done.  Ground  was  leased,  necessary 
arrangement  made  and  attendants  employed.  Those  only  were  taken 
there  and  cared  for  who,  being  dependent  on  daily  wages  for  daily 
bread,  were  left  without  any  means  of  support  when  stricken  down. 
Most  of  them  lived  in  the  town  limits,  some  of  them  outside.  Among 
them  only  two  had  been  heretofore  provided  for  by  the  county  as 
paupers.  An  ordinance  of  June  20th,  amended  June  22d,  of  a  pre- 
ventive character,  required  a  general  vaccination  at  the  cost  of  the 
town,  for  those  who  were  poor;  an  ordinance  of  June  25th  provided 
for  a  lease  of  ground  for  a  pesthouse,  erection  of  suitable  buildings, 
employment  of  attendants,  and  levied  an  additional  tax  to  meet  the 
"heavy  outlay  of  money"  caused  by  the  outbreak  of  smallpox,  and 
on  the  same  day  a  committee  was  appointed  to  ask  the  county  judge 
"to  make  such  appropriations  as  may  be  proper,  to  be  paid  by  the 
county  treasurer,  to  aid  the  trustees  of  Bardstown  in  maintaining  the 
smallpox  hospital,  as  all  persons  therein  kept  are  citizens  of  Nelson, 
and  some  are  residents  of  the  county  outside  of  said  town. ' '  Septem- 
ber 15th  another  committee  was  appointed  to  apply  to  the  county 
court  "to  make  appropriations  toward  paying  the  expenses  incurred 
by  the  town  in  taking  care  of  smallpox  patients."  The  county  levy 
court  met  in  October,  and  the  order  says :  ' '  This  day  came  the  town 
of  Bardstown  and  presented  a  claim  of  $962,24.  fo^*  taking  ea^e  of 
smallpox  patients  and  suppressing  said  disease  epidemic  in  Bardstown 
and  vicinity,  during  the  past  summer,  and  asked  that  the  county  pay 
one-half  of  said  claim   ($481.12)  ;  and  thereupon  the  court  allowed 


HEALTH  LAWS  OP  KENTUCKY  217 

250  on  said  claim,  to  which  said  town  excepted,  and  prayed 
an  appeal  to  the  Nelson  Circuit  Court,  which  was  granted." 

Afterwards,  on  the  same  day,  again  came  the  town  of  Bards- 
town,  and  motioned  the  court  to  pay  the  full  amount  of  said  claim, 
to-wit,  $962.24;  and  thereupon  the  court  "refused  to  take  any  ac- 
tion." From  this  order  an  appeal  was  prosecuted  to  the  circuit  court. 
The  county  judge,  when  applied  to  by  the  committee,  declined 
to  make  any  appropriation,  supposing  he  had  no  right  to  do  so. 
Nothing  done  by  the  trustees  was  done  at  the  instance  or  suggestion 
of  any  county  official.  On  this  evidence  the  circuit  court  ordered 
the  jury  to  find  a  verdict  in  favor  of  the  town  for  $796.24,  subjcet 

lunty  court,  the  town  having  dis- 

demand  but  that  much. 

This  direction  can  be  sustained  only  on  the  assumption  that  the 

rail,  bound  to  reimburse  anyone  for  money  expended  by 

him  in  earing  for  the  destitute,  though  the  expenditure  was  not  au- 

county  officer;  or  that  it  is  bound  to  pay  whatever 

led  by  anyone  acting  under  the  direction  of 

Upon  and  to 
care  for  the  by  it.    For  if  no  liability  existed,  it 

cannot  be  main;  he  act  of  allowing  $250  tends  in  any  de- 

gree to  create  it.     In   Rodman   v.  Larue  County,   3   Hush,   145,   the 
county  judge,  and   in   Marion  County  v.   Avcritt,  1  Ky.  Law  Rep., 

had  procured  t he  service  to  be  rendered 

for  the  count  inee  by  the  court  was  held  to  be 

a  re  id  of  the  professed  agency,  and  leaves  only  the  amount  to 

be  considered.     Bere  thei  it;  no  county  official 

d  tie  c  it  is  obvious  that  the  town  did  not 

e  money  upon  tl  iption  even  that  it  was  acting 

iceonntofth  ?,  or  thai  the  county's  duty  to 

ould  be  paid  by  the 

No  application  i«>  tl  >urt  or  to  any  county  officer 

de  at  the  on  !'  health  ordered  the  trustees  to 

act.  BS  trustees  to  do,  they 

L      They    then    aslo>d    the   countv 

aid   the  *  he  thought   proper; 

iked  the  county  COUll   to  allow  them   only  half  they  had 

this  time.     It  is  evident  that  the  town  asked  aid  on 

strong  moral  ground,  and  did  not  assert  a  legal  demand. 


218  HEALTH  LAWS  OF  KENTUCKY 

Nevertheless,  if  such  demand  existed,  it  was  lost  by  what 
was  done,  Section  2  of  Chapter  86  of  the  General  Statutes  pro- 
vides: "It  shall  be  the  duty  of  the  county  courts  to  provide  for 
the  support  of  the  paupers  of  their  respective  counties."  Section  1, 
Article  XVI,  of  Chapter  28,  confers  jurisdiction  on  county  courts 
to  make  provisions  for  the  maintenance  of  the  poor. 

The  act  of  April  28,  1880,  amending  the  act  of  March  16,  1878, 
establishing  a  board  of  health,  provides  for  local  boards  of  health, 
and  declares  that  tbey  "are  empowered,  and  it  shall  be  their  duty, 
to  inaugurate  and  execute,  and  require  the  heads  of  families  to  ex- 
ecute, such  sanitary  regulations  as  the  local  board  may  consider 
expedient  to  prevent  the  outbreak  and  spread  of  cholera,  smallpox, 
yellow  fever,  scarlet  fever,  diphtheria  and  other  epidemic  diseases; 
and  to  this  end  may  bring  the  infected  population  under  prompt 
and  proper  treatment  during  the  premonitory  or  other  stages  of 
diseases;  and  they  are  empowered  to  go  upon  and  inspect  any 
premises  which  they  may  believe  are  in  unclean  and  infectious 
condition ;  and  said  boards  are  authorized  to  enforce  the  rules  and 
regulations  adopted  by  the  State  Board  of  Health."  The  local 
board  is  to  be  paid  by  the  county  court. 

No  provision  is  made  as  to  the  means  by  which  the  board 
may  enforce  the  execution  of  sanitary  regulations,  or  "bring  the 
infected  population  under  prompt  and  proper  treatment."  It  pro- 
vides no  fund  to  pay  the  expense  involved  in  the  discharge  of  the 
duty  imposed,  and  it  does  not  declare  upon  whose  credit  the  board 
shall  act. 

Prior  to  this  act  it  rested  with  the  county  court,  or  county 
judge  in  vacation  (General  Statutes,  Chapter  86,  Section  10),  to 
say  what  persons  were  paupers,  and  as  such  entitled  to  the  public 
aid;  and  for  matters  of  mere  maintenance,  that  is  still  the  law. 
However  urgent  may  have  been  the  personal  need,  whether  for 
shelter,  bread  or  medicine,  the  public  charity  came  through  these 
agents  only,  and  no  one  else  could  create  a  debt  against  the  county 
by  giving  them  necessary  help. 

While  the  act  in  question  does  not  create  a  neAV  or  additional 
duty  in  the  county,  it  does  create  a  new  agent  in  regard  to  matters 
of  general  health,  and  makes  its  decision  as  to  what  ought  to  be  done 
conclusive  on  the  county,  so  far  as  to  charge  it  with  the  expenses 
incurred  in  caring  for  the  indigent,  afflicted  with  any  of  the  con- 


HEALTH  LAWS  OF  KENTUCKY  219 

tagious  or  infectious  disi  d  to  by  the  statute.    Any  other 

rpretation  makes  the  board  merely  an  advisory  body  incapable 
of  doing  those  things  which  the  statute  declares  it  has  power  to 
do  and  which  its  duty  requires  it  to  do. 

It  is  in  discharge  of  the  ordinary  social  duly  to  care  for  the 
helpless,  but  it  goes  further.    If  the  poor  man  is  neglected,  he  may 
or  freeze,  but  the  calamity  is  personal,  and  his  grave  hides 
it.  but  if.  having  an  infectious  which  poisons  the  air,  he  is 

left  where  he  lies,  the  entire  community  is  menaced.  In  such  case 
the  statute  confers  on  the  board  the  power  to  d<>  what  it  may  deem 
necessary  to  prevent  the  spread  of  the  disease.  It  lias  no  fund 
given  it  out  of  winch  bo  pay,  r  is  the  duty  of  the  county  to  pro- 
vide for  the  poor  and  the  board  is  the  constituted  agent  to  see 
thai  provision  is  mad;'  In  such  cases.  On  its  order  the  town  did 
what  it  required,  and  having,  under  the  order  of  the  proper  agent 
done  what  t|,f.  ];r>v  LraVt.  the  agent  power  to  have  done,  the  county 
►erly  held  liable.    T!  aenl  is  affirmed. 


conn  of  k]  I89fi     H.  P.  Stephens, 

inty  Jui  .  appellant,   v.  John   K.    Alien,  appellee — 

Appeal  from  Kenton  Circuit  Court. 

Opinion  of  iurt  by  Judge  Paynter. 

'Idie  appellee,  John  K.  Allen,  was  duly  appointed  and  qualified 
as  a  '•  of  the  local  hoard  of  health  for  the  county  of  Kenton, 

sad  was  chairman  of  the  board.  Be  served  as  a  member  of  the 
board  for  two  years,  and  tor  the  services  which  he  rendered  he 
brought  this  action  against  the  fiscal  court  of  the  county  for  the 
sum  .  which  amount  was  adjudged  him. 

Section  201  tacky   Statutes,   among  other  things,  pro- 

vides:    -That  the  local  board  shall  receive  such  compensation  for 
the  county  court  in  which  the  local  board  is  estab- 
l.  shall,  in  their  discretion,  determine." 
The  tis,-;,i  sd  to  allow  anything  for  his  services-. 

ture  intended  thai  the  members  of  the  local  board  of 
health  should  be  fairly  compensated  Cor  the  services  they  are  re- 
quired by  law  to  render.     ]  -I    with 
erence  to  the  compensation  to  which  such  hoard  is  entitled,  is 
not  an  arbitrary  one,  but  it  is  a  sound  judicial  discretion,  and  one 


220  HEALTH  LAWS  OP  KENTUCKY 

that  can  be  controlled.  If  the  fiscal  court  has  an  arbitrary  dis- 
cretion in  the  matter,  they  could  refuse  to  allow  any  compensation, 
however  valuable  and  meritorious  might  be  the  services  of  the 
members  of  the  local  board  of  health. 

The  city  of  Covington  is  situated  in  the  county  of  Kenton,  and 
being  a  city  of  over  ten  thousand  inhabitants,  it  is  the  duty  of  the 
city  council  to  appoint  Ti  board  of  health  for  the  city.  It  does  not 
appear  in  this  record  whe'her  or  not  the  council  performed  its  duty 
in  that  respect,  but  we  presume  that  it  did.  but  whether  it  did  or  not 
is  not  important  to  determine  in  this  case,  because  the  appellee  is 
seeking  to  recover  from  the  county  of  Kenton  compensation  for  his 
services  rendered  as  a  member  of  the  local  board  of  health  of  that 
county.  It  is  insisted  that  under  the  system  of  government  that  ob- 
tains in  the  county  of  Kenton  in  respect  to  its  county  and  fiscal 
affairs,  that  if  the  plaintiff  was  entitled  to  anything  it  should  be  paid 
porportionately  by  the  county  outside  of  the  city  of  Covington,  and 
by  that  part  embraced  in  the  corporate  limits  of  the  city  of  Coving- 
ton, according  to  the  taxable  property  in  the  respective  territories. 

We  understand,  as  the  court  did  below,  that  the  plaintiff  does 
not  seek  in  this  action  pay  from  the  county  for  his  services  performed 
in  the  city.  It  is  the  fiscal  court  of  the  county  which  has  charge  of 
the  fiscal  affairs  of  the  county,  levies  taxes,  allows  claims  against  the 
county,  and  makes  appropriations  to  pay  them;  and  the  plaintiff 
properly  sued  the  fiscal  court  for  his  services. 

It  is  contended  that  as  the  appellee  lived  in  the  city  of  Coving- 
ton, he  was  not  eligible  to  a  position  on  the  local  board  of  health  for 
the  county.  All  that  is  necessary  to  say  on  this  question  is  that  no 
such  issue  was  made  by  the  pleadings ;  hence  we  do  not  consider  the 
question  as  to  whether  or  not  he  was  eligible  to  hold  the  position  as 
member  of  the  local  board  of  health. 

The  judgment  is  affirmed. 


Court  of  Appeals  of  Kentucky — Bell  County  v.  Blair.     Filed  May 
11,  1899— Appeal  from  Bell  Circuit  Court. 

Opinion  of  the  Court  by  Judge  White. 

The  appellee,  Blair,  is  a  regular  practicing  physician  and  a  mem- 
ber of  the  board  of  health  of  Bell  county,  having  been  duly  ap- 
pointed by  the  State  Board  of  Health.     In  the  year  of  1898  there 


HEALTH  LAWS  OF  KENTUCKY  321 

was  an  epidemic  of  smallpox  in  the  city  of  Middlesboro,  a  city  of  the 
fourth  class,  situated  in  Bell  county.  By  direction  of  the  county 
board  of  health,  and  under  the  supervision  of  the  State  Board,  the 
appellee  was  employed  to  take  charge  of  the  pesthouse  or  house  of 
detention,  and  there  to  treat  indigent  persons  brought  there.  Ap- 
pellee did  this,  and  was  engaged  some  time  in  February  and  March, 
1898.  He  presented  a  claim  to  the  fiscal  court  of  Bell  county  for  his 
i<e.  That  court  refused  to  allow  any  sum  to  appellee,  and  he  pros- 
ecuted an  appeal  by  the  petition  to  the  circuit  court.  In  the  circuit 
court  a  demurrer  to  the  petition  was  overruled,  and  appellant  an- 
in  whi(  li  was  pleaded  that  the  epidemic  was  wholly  confined 
within  the  city  limits  of  Middlesboro,  and  also  a  denial  of  the  sev 

ed.  *  The  court  sustained  a  demurrer  to 
the  pleading  as   a  defense   that    the   epidemic  was  wholly 

in  the  ci  iro,  and  >re  a  jury,  who 

250,  and  for  that  sum  judgment  was 
.  and  from  that  judgment  this  appeal  ii  prosecuted. 
There  is  no  bill  of  in  the  record,  and  the  only  ques- 

I  is  on  the  pi 

By  be  answer,  to  which  a  demurrer 

d  'hat  b  attended  by 

the  appellee  were  in  of  Middlesboro,  and  also  pleaded  that, 

with  tin-  in1  ■  appellant  instead  <>f  the  city,  the  board 

of  health  of  the  county  (tw<  and  tax- 

fraudul  with  the  intention  to  charge 

rite  and  reli  city  from  the  burden.    The  allegation 

only  m< 

By  Section  '  tin-  Kentucky  Statutes,  it  is  made  the  duty 

of  every  city  of  the  with   o\  i  inhabitants,   to  appoint 

a  board  of  health,  and  these  DO  I  gives  the  same  power  and 

jurisdiction  in  then  ave  the  county  boards,  and  are 

burdened  by  th  ies  and  obiigfl  nd  by  Section  2060, 

ivided    I  r  county  shall  pay  its  own  board 

of  health. 

li<»n  34  ection  6,  cities  of  the  fourth   class  are 

ordinance  for  the  regulation  and  preven- 
D   of   contagious  y   powers   given   to 

I  for  the  city  hoard  of  health  provided  by  Section  2059. 


222  HEALTH  LAWS  OF  KENTUCKY 

"We  are  of  the  opinion  that,  construing  these  two  provisions  of 
the  law,  it  is  clearly  the  duty  of  the  cities  of  the  State  of  over  2,500 
inhabitants  to  care  for  and  maintain,  through  their  own  board  of 
health,  all  cases  of  contagious  diseases,  and  of  such  other  matters 
as  come  within  the  jurisdiction  of  the  board  of  health. 

The  jurisdiction  of  the  city  boards  of  health,  being  equal  in 
all  cases  to  that  of  the  county  boards,  must  be  held  to  be,  so  far  as 
the  territory  of  the  city  is  concerned,  exclusive  of  the  county 
board,  and  the  expense  of  the  city  must  be  borne  by  the  city  and 
not  by  the  county. 

If,  as  alleged  in  the  answer,  all  the  cases  of  smallpox  attended 
by  appellee  were  in  and  of  the  city  of  Middlesboro,  they  come 
within  the  jurisdiction  of  the  city  board,  and  without  the  jurisdic- 
tion of  the  county  board  of  Bell  county,  and  for  Services  rendered 
therefor  appellant  is  not  found. 

For  the  error  in  sustaining  a  demurrer  to  the  second  paragraph 
of  the  answer,  the  judgment  is  reversed  and  cause  remanded  for 
further  proceedings  consistent  herewith. 


Court  of  Appeals  of  Kentucky.  Filed  January  5,  1900— Henderson 
County  Board  of  Health  v.  E.  C.  Ward,  Judge,  etc. — Appeal 
from  Henderson  Circuit  Court. 

Opinion  of  the  Court  by  Judge  Durelle. 

This  action  was  brought  by  the  board  of  health  of  Henderson 
county  against  the  county  judge  and  others  composing  the  fiscal 
court  of  the  county  for  a  mandatory  injunction  to  compel  appellees 
to  turn  over  to  appellant  the  control  of  the  county  pesthouse  and 
the  charge  of  certain  smallpox  patients  therein,  it  being  alleged 
that  public  safety  required  the  change. 

It  appears  that  in  May,  1889,  there  was  an  epidemic  of  small- 
pox in  Henderson  county,  and  upon  the  fiscal  court  undertaking  to 
scale  the  salaries  of  the  physicians  and  others  employed  by  the 
board  for  the  care  of  patients  in  the  pesthouse,  the  members  of  the 
board  and  the  physicians  employed  by  them  resigned  their  office. 
The  fiscal  court  thereupon  appointed  a  committee  of  its  members 
to  take  charge  of  the  smallpox  patients  until  such  times  as  the 
vacancies  in  the  board  should  be  filled.  The  committee  thereupon 
emploved  physicians,  nurses  and  guards  to  care  for  the  patients. 
The  epidemic  had  by  this  time  much  abated,  and  in  a  few  days  the 


HEALTH   LAWS  OF  KENTUCKY  223 

greater  part  of  the  patients  had  been  discharged,  as  well  as  most 
of  those  held  in  custody  under  the  suspicion  of  being  infected.  The 
State  Board  of  Health  reappointed  the  county  board  and  its  mem- 
bers  sought  to  take  charge  of  I  and  patients,  alleging 

that  some  of  the  patients  had  been  prematurely  discharged,  and 
that  public  safety  required  the  board  to  have  control  of  the  meas- 
ures adopted  for  stamping  out  the  epidemic.  This  being  refused, 
this  Miit  was  brought,  and  the  trial  eourl  dismissed  the  petition 
upon  the  -round  that  the  pesthouse  was  the  property  of  the  county, 
in  charge  of  the  fiscal  court,  which  had  authority  in  case  of  neces- 
sity to  employ  physicians  and  take  charge  of  patients  suffering 
from  epidemic  diseases,  and  that  a  court  of  chancery  could  nob 
compel  the  representatives  of  the  county  to  surrender  the  custody 
of  the  county's  property. 

It  is  manifest  thai  the  propriety  or  the  impropriety  of  the  resig- 
nation of  the  members  of  t he  board  cuts  no  figure  in  the  proceeding. 
Upon  their  reappointment  by  the  state  hoard,  they  had  the  same 

rights—  no  l  !  -than  they  would  have  had  had  they  been 

!•  individuals  appointed  to  the  |  The  statute  authorizing 

their  appointment  and  denning  their  pov.  -  to  the  State  Board 

and  the  county  boards,  large,  but  necessary,  powers 

in  the  <  a  idemie  d  They  are  empowered,  and  it  is  their 

2055,   Ky.   Statutes)    "to  inaugurate  and   execute  and  to 
reqi  ds  Of  families  an.  persons  T<>  execute  such  san- 

ttions  as  the  local  board  may  consider  expedient  to  pre- 
■  the  outbreak  and  spread  of  cholera,  smallpox,    •  ■  •    •    and 
mic  diseases;  and  to  this  end  may  bring  the  infected  pop- 
ulation under  prompt  and  proper  treatment  during  premonitory  or 

Power  of  inspection  of  premises  believed 
to  !><•  iii  an  andean  i  mdition  m  them,  as  well 

;is  p  ilations  of  the  State  Board,  and  failure 

is  punishable  by  a  fine.    By 

tion  2056,  ti.  i  to  establish  quarantine  against  the 

introductioi  is  or  infectio  ad  may  detain  boats, 

trains  or  eo  elieved  to  contain    infected   persons    or    articles. 

•  !  justifiable  only  under  the  police  power 
of  tl 

It  was  undoubtedly  proper  for  the  fiscal  court  to  take  charge  of 
the  epidemic  during  the  time  there  was  no  local  board.     But  it  seems 


224  HEALTH  LAWS  OF  KENTUCKY 

to  us  undeniable  that,  under  the  grant  of  power  to  "bring  the  in- 
fected population  under  prompt  and  proper  treatment  during  pre- 
monitory or  other  stages  of  disease, ' '  the  board  had  authority  to  take 
charge  of  those  suffering  from  the  epidemic  or  suspected  of  infection, 
and  this  necessarily  implies  the  custody  and  charge  of  the  pesthouse 
wherein  the  patients  were  confined.  In  executing  this  power  it  was 
of  course  necessary  to  employ  physicians,  nurses,  etc.  The  board  had 
no  power  to  fix  their  compensation.  That  compensation,  like  the  com- 
pensation of  the  members  of  the  board  themselves,  was  left  to  the  dis- 
cretion of  the  fiscal  court — not  to  its  arbitrary  discretion,  but  to  a  dis- 
cretion governed  by  the  value  of  their  services.  (Stephens,  County 
Judge,  v.  Allen,  19  R.,  1707 ;  Nelson  County  v.  Town  of  Bardstown, 
7  K,  41.) 

While  the  board  is  not  by  statute  made  a  corporation,  it  is  cre- 
ated as  an  agency  of  the  State.  A  similar  agency  has  been,  in  the  case 
of  Gross  v.  Ky.  Bd.  of  Mgs.  World's  Columbian  Exp'n  (49  S.  W., 
458),  held  suable  as  a  corporation.  And  while  penalties  are  imposed 
for  failure  to  observe  the  regulations  and  orders  of  the  board,  we  do 
not  think  the  enforcement  of  such  penalties  by  the  criminal  courts  is 
their  only  remedy.  The  board  is  a  high  governmental  agency,  en- 
dowed by  law  with  distinct  legal  rights,  and  charged  with  correspond- 
ing important  duties.  In  order  to  the  performance  of  those  duties 
its  rights  must  be  enforced,  and  the  courts  of  the  Commonwealth 
afford  the  proper  means  for  their  enforcement. 

The  judgment  is  reversed  and  cause  remanded,  with  directions 
to  set  aside  the  judgment  and  enter  a  judgment  in  accordance  with 
this  opinion. 


Court  of  Appeals  of  Kentucky.    Filed  June  16,  1900— Hengehold  v. 

City  of  Covington — Appealed  from  Kenton  Circuit  Court. 
Opinion  of  the  Court  by  Judge  Durelle— The  Whole  Court  Sitting. 

By  an  agreed  case,  the  court  is  asked  to  determine  these  ques- 
tions : 

1.  Under  the  constitution  and  laws  of  the  State,  and  the  act 
for  the  government  for  cities  of  the  second  class,  has  the  city  of 
Covington  power  to  pass  an  ordinance  providing  for  the  removal  of 
smallpox  patients  to  a  pesthouse* 


HEALTH  LAWS  OF  KENTUCKY  225 

2.  Can  such  city  by  ordinance  vest  such  power  to  remove  such 

I  to  a  pesthouse  in  its  health  board,  or  in  any 
three  members  thereof,  or  in  the  health  officer  1 

3.  Can  such  removal  of  persons  so  afflicted  be  made  by  the  board 
ii  or  the  health  officer,  notwithstanding  the  physician  attend- 
ing the  patient  shall  certify  in  writing  that  the  patient's  life  would 

endangered  by  such  removal,  or  that  he  has  good  and  careful  at- 
tention, and  his  removal  would  not  be  advisable  as  a  sanitary  meas- 
ure | 

Tin1  agreed  facts  air  that  appellant's  children,  aged  respectively 
five,  eight  and  thirteen  years,  were  sick  with  smallpox,  and  that  the 
mayor  of  the  city,  chairman  ex-officio  of  the  board  of  health,  and  the 
members  of  the  hoard  of  health  ami  their  officers,  desired  to  remove 
the  patients  t<>  the  city  pesthouse,  in  Kenton  county,  which  removal 

the  father,    it  also  agreed  that  the  disease  was 
prevalent  in  the  city;  that  the  pesthonse  was  in  good  sanitary 
condition,   with   competent    nurses  and   physicians   in   charge,   and 
ample  room  and  accommodation. 

I-  i    to  be  regretted  that,  owing  to  the  urgency  of  the  questions 
not  had  time  to  brief  the  case  further  than 
to  furnish  a  eopy  of  the  ordinance  of  the  city  and  a  reference  to  the 
statu' 

Section  2059,  Kentucky  statutes,  it  is  made  the  duty  of  the 

council  ritv  of  ten  thousand  or  more  inhabitants  to  appoint 

a  board  <»f  health  of  six  persons,  three  of  whom  are  required  to  be 

competent   physicians,   such   board  to  elect  a  competent   physician 

r,  who.  as  well  as  the  mayor,  is  to  be  ex-officio  member  of 

the  board.     It  is  further  provided  that  ''such  local  boards  shall  have 

[thin   their  respective  cities  and  towns  as  local 

Is  for  counties  are  invested   with  by  this  chapter." 

tion  2060  provides  for  the  compensation  of  the  health  officer, 
am!  enalty  upon  physicians  or  heads  of  families  failing  to  re- 

port bain  named  diseases. 

Section  2055  makes  provision  for  the  appointment  of  county 

and  provides  that  "such  local  boards  are  empowered,  and 

■hall  he  their  duty  to  inaugurate  and  execute,  and  to  require 

the  )t  families  ami  other  pel  i  execute,*  such  sanitary 

the  local  boards  may  consider  expedient  to  prevent 

the  outbreak  and  spread  of  cholera,  smallpox,  yellow  fever,  scarlet 

U.  L.— 8. 


286  HEALTH  LAWS  OF  KENTUCKY 

fever,  diphtheria,  and  other  epidemic  diseases ;  and  to  this  end  may 
bring  the  infected  population  under  prompt  and  proper  treatment, 
during  premonitory  and  other  stages  of  the  disease.  *..■••'•  This 
section  gives  power  to  the  board  to  go  upon  and  inspect  premises 
believed  to  be  in  an  unclean  and  infectious  condition,  and  to  enforce 
regulations  adopted  by  the  state  board,  and  contains  provisions 
also  for  reports  of  the  boards  of  such  epidemic  diseases. 

By  Section  2056,  the  local  boards  of  the  border  counties  are 
empowered  to  declare  quarantine  against  contagious  or  infectious 
diseases  prevailing  in  other  States  or  counties,  and  large  powers 
are  given  to  them  to  prevent  the  importation  of  infected  persons 
or  articles. 

Section  3058  Kentucky  Statutes,  being  Section  I,  Subdivision 
4  of  the  act  for  the  government  of  cities  of  the  second  class,  gives  to 
the  council  authority  "to  establish  and  enforce  laws  and  regula- 
tions ;  to  prevent  the  introduction  and  spread  of  contagious  disease 
in  the  city  and  within  two  miles  thereof;"  to  provide  for  the  de- 
struction of  diseased  food  products;  to  establish  and  maintain 
hospitals  in  and  out  of  the  city;  to  condemn  property  therefor,  "to 
secure  the  general  health  of  the  inhabitants  by  any  necessary  meas- 
ure." and  "to  constitute  a  board  of  health  and  elect  or  appoint 
necessary  health  officers." 

The  city  ordinance  of  Covington  organizing  and  establishing 
the  board  of  health  provides  in  Section  3  for  the  establishment  of 
a  pesthouse,  and  for  the  expense  of  its  management  and  the  pay- 
ment of  the  physicians,  nurses  and  others  in  charge.  By  Section 
4  it  is  provided  that  "whenever  the  smallpox,  yellow  fever,  cholera, 
or  other  contagious  or  infectious  diseases,  shall  exist  in  city,  said 
board  or  any  three  members  thereof,  or  the  health  officer,  may 
cause  any  person  afflicted  with  such  disease  to  be  removed  to  the 
pesthouse,  as  they  may  deem  it  necessary  as  a  sanitary  measure. 
But  if  the  physician  attending  the  diseased  person  shall  certify  in 
writing  that  the  life  of  such  person  would  be  endangered  by  such 
removal,  or  that  he  or  she  has  good  and  careful  attention,  or  thai 
his  or  her  removal  should  not  be  advisable  as  a  sanitary  measure, 
then  such  removal  shall  or  shall  not  be  made,  in  the  discretion  of 
the  board."  By  section  5  the  members  of  the  board  and  health 
officer  are  invested  with  police  authority  in  the  performance  of 
their  duties. 


HEALTH  LAWS  OF  KENTUCKY  227 

In  view  of  the  necessity  of  a  prompt  disposition  of  this  case, 
we  shall  state  the  conclusions  we  have  reached  as  briefly  as  pos- 
sible, without  any  attempt  at  an  elaborate  review  of  the  authori- 
ties. 

The  statutes  and  ordinance  referred  to  are  intended  as  an  ex- 
ercise of  the  police  power  of  the  government  to  promote  the  public 
wel  n  at  the  expense  of  private  rights.     The  preservation 

of  the  public  health  has  alwi  held  a  proper  exercise  of  police 

power.  Said  Mr.  Justice  Bradley,  in  Boston  Beer  Co.  v.  Massachu- 
setts, 97  U.  S.,  25:  "Whatever  difference  of  opinion  may  exist  as 
to  tl  it  and  boundaries  of  police  power,  and  however  difficult 

it  may  be  to  render  a  satisfactory  definition  of  it,  there  seems  to  be 
no  doubt  that  it  do  \tend  to  the  protection  of  lives,  health 

and  proper t;  B." 

There  can  be  no  doubt  in  order  to  prevent  the  spread  of  dis- 
d  to  provide  healthful  conditions  for  the  public  boards  of 
ilth  and  like  commissions  may  be  created  and  invested  with 
power  necessary  and  proper  for  such  purposes.    And  in  determin- 
ing the  vali  the  acts  of  such  boards  and  their  officers  a 
ral  cons  id  in  view  of  public  good  to  be  accom- 
plished.    (Perth  Amboy  v.  Smith,  19,  N.  J.,  52.) 

There  ran  be  no  doubt   of  the  'power  of  the  State  Legislature 

to  create  State  Boar  tealth  for  the  preservation  of  the  general 

tlth  of  the  State;  to  confer  apon  cities  and  counties  authority  to 

make  regulations  for  the  health  of  their  communities,  and  even  to 

corporation;,  differing  from  political  subdivisions, 

with   like   powem   within   their  limits.      (Wilson   v.  Sanitary  Dist., 

ill.,  4GG;  Nicholin  v.  .  i'»  X.  J.  1-  391.) 

th  in  England  and  the  Tinted  States  such  powers  have  been 
aim  tormly  delegated  to  hoards  of  health  of  municipal  corpo- 

to  enacl   r  lervation  of  the  public  health, 

force  of  law  within  tin  communities,  and 

Ould  seem  that,  in  tl  ithority,  mnnieipali- 

itiea  have  an  implied  power  to  enact  reasonable  ordinances  to  pre- 

public  health  and  to  prevent  and  to  remove  nuisances. 

Dillon  Mun.  <  :  308;  Baker  v  Boston,  12,  12  Pick.,  193, 

22  A  in.  Dec.  421.) 

Under  i!^  general  powers  t"  guard  against  epidemic  diseases, 
control  and  isolate  persons  affected  with 


228  HEALTH  LAWS  OF  KENTUCKY 

the  disease;  and  this  power  seems  expressly  delegated  to  the  local 
boards  by  the  provision  that  they  are  empowered  "to  inaugurate 
and  execute''  *  *  *  such  sanitary  regulations  as  the  local  board 
may  consider  expedient  to  prevent  the  outbreak  and  spread  of 

*  *  *  epidemic  disease,  and  to  this  end  may  bring  the  infected  popu- 
lation under  prompt  and  proper  treatment  during  premonitory  and 
other  stages  of  disease.  "  *  *  *  It  is  certainly  a  reasonable  regula- 
tion which  provides  for  the  removal  of  such  cases  to  a  pesthouse 
in  good  sanitary  condition,  provided  with  nurses  and  physicians, 
for  the  treatment  of  patients  suffering  with  the  disease.  We  are, 
therefore,  of  opinion  that  the  local  board,  or  a  quorum  thereof,  has 
undoubtedly  power  to  order  the  removal  of  an  infected  patient  to 
the  pesthouse. " 

It  is  a  narrower  question,  in  view  of  the  fact  that  the  legisla- 
ture has  given  this  power  to  the  board,  whether  municipality  can 
confer  such  power  upon  less  than  a  quorum,  or  upon  the  health 
officer  appointed  by  the  quorum.  But  the  charter  of  cities  of  the 
second  class  gives  power  "to  establish  and  enforce  quarantine  laws 
and  regulations  to  prevent  the  introduction  and  spread  of  con- 
tagious disease  in  the  city  and  within  two  miles  thereof;  *  *  *  to 
establish  and  maintain  public  hospitals  within  or  without  the  city, 

*  *  *  and  to  secure  the  general  health  of  the  inhabitants  by  any 
necessary  measure.' ' 

The  general  rule  upon  this  subject  is  that  laws  establishing 
State  Boards  and  laws  establishing  local  boards  shall  be  construed 
together,  so  as  to  give  effect  to  both.  We  think  this  rule  should 
be  applied  in  this  case  to  the  general  law  as  to  the  powers  of  local 
boards,  and  the  city  charter  expressly  authorizing  the  municipality 
to  enact  regulations  in  their  behalf.  It  follows,  therefore,  that  the 
city  is  authorized  to  make  additional  and  reasonable  regulations 
to  prevent  the  spread  of  epidemic  diseases. 

The  only  remaining  question,  therefore,  is  whether  a  regulation 
empowering  three  members  of  the  board,  or  the  health  officer 
elected  by  the  board,  to  order  the  removal  of  a  smallpox  patient 
is  a  reasonable  regulation?  We  think  it  is,  especially  as  there  is 
provided  an  appeal  to  the  board,  and  a  requirement  of  action  by 
the  board  itself  upon  a  certificate  by  the  attending  physician  that 
the  removal  would  endanger  the  patient's  life.  In  such  case  the 
necessity  for  immediate  action  is  imperative,  and  it  is  not  unreas- 


HEALTH  LAWS  OF  KENTUCKY  229 

enable  to  permit  the  health  officer,  or  less  than  a  quorum  of  the 
board,  to  order  such  removal,  in  a  rase  where  it  does  not  appear 
that  the  removal  would  endanger  the  patient's  life.  For  the  reason 
given  the  judgment  is  affirmed. 


.  Kentucky,  November  15,  1901 — W.  H.  Walker, 
appellant,  v.  County  of  Henderson,  appellee  Appeal  from 
Henderson  Circuit  Court. 

Opinion  of  the  Court  by  Judge  Burnaxn. 

This  is  an  appeal  from  the  judgment  of  the  Henderson  Circuit 
Cmirt.  The  facts  out  of  which  the  litigation  grew  are  as  follows: 
In  April,  1889,  smallpox  was  prevailing  as  an  epidemic  in  Hender- 

County,  ami  the  Henderson  County  Board  of  Health  employed 
W.  H.  Walker,  a  regular  practicing  physician,  to  take  charge  of 
the  pesthouM  and  treat  persona  afflicted  with  the  disease,  at  the 
agreed  price  of  115.00  per  day.  Appellant  acted  under  the  em- 
ployment   from  the  third  d;  kpri]  until  the  14th  day  of  May. 

On  the  12th  day  of  May,  1899,  the  entire  County  Board  of  Health 
1  their  offices,  because  the  fiscal  conn  refused  to  make  suf- 
ficient appropriation  in  their  judgment  for  the  payment  of  the  bill 
of  the  employes  of  the  board.  After  the  resignation  of  the  county 
1  court  appointed  a  committee  of  its  members  to 
take  charge  of  the  smallpox  patients  until  the  vacancies  in  the 
board  of  health  should  be  filled  :  and  this  eonnuittee  employed  phy- 

i)s.  Dunes,  guards  and  attendants,  and  dismissed  the  persons 
Who  had  1 D  employed  by  the  county  board.     On  the  17th  day  of 

May  following,  the  State  Hoard  of  Health  reappointed  all  the  for- 
mer  members  of  the  county  board,  and  directed  them  to  resume 
charge  of  the  epidemic  and  pesthouse  in  Henderson  County. 

On  rd    day    of   May    Hie  the    reappointed    county 

board  gave  the  presiding  ,p  'he  county  court  written  notice 

of  their  purpose  to  take  immediate  charge  and  control  of  the 

COUnty    pesthouse    and    at    the    same    time    notified    Dr.    Smith,    the 

physician  who  had  been  employed  by  the  committee  of  the  fiscal 
it.  to  vacate  and  turn  over  the  pesthouse  and  patients  therein 
to  appellant.  Walker,  who  had  been  reappointed.  This  Dr.  Smith 
refused  to  do,  and  the  fiscal  court  also  refused  to  permit  persons 
appointed  by  the  county  board  to  take  charge  of  the  pesthoua 


230  HEALTH  LAWS  OF  KENTUCKY 

Thereupon  the  county  board  brought  a  suit  against  the  fiscal  court 
in  Henderson  County,  and  prayed  for  a  mandatory  injunction  in  the 
Henderson  Circuit  Court,  requiring  the  fiscal  court  to  surrender  the 
control  of  the  pesthouse  and  charge  of  the  smallpox  patients  to 
them,  it  being  alleged  that  public  safety  required  the  change.  Dur- 
ing the  pendency  of  this  suit,  appellant  by  direction  of  -the  county 
board  remained  at  the  pesthouse  from  the  23rd  day  of  May  to  the 
14th  day  of  June,  1899,  when  he  was  withdrawn  by  the  county  board 
The  circuit  court  refused  to  grant  the  relief  prayed  by  the  county 
board  and  the  case  was  appealed  to  this  court.  And  the  judgment 
of  the  circuit  court  was  reversed,  this  court  holding,  that  in  an 
opinion  reported  in  the. 21  Rep.,  1194,  that  the  county  board  of 
health  was  entitled  to  the  injunction  sought  and  had  authority  to 
take  charge  of  the  pesthouse  and  those  suffering  from  the  epidemic. 
Thereupon,  appellant  presented  his  claim  to  the  fiscal  court  and 
asked  that  he  be  allowed  compensation  for  his  services  under  the 
contract  made  with  the  county  board,  at  the  rate  of  $15.00  per 
day  for  thirty  and  a  half  days.  The  fiscal  court  scaled  his  claim 
to  $10.00  per  day  and  refused  to  make  appropriation  for  any 
greater  sum.  He  also  demanded  that  they  should  pay  him  for  his 
services  under  the  second  employment  by  the  county  board  from 
the  23d  day  of  May,  1899,  until  the  14th  day  of  June,  a  period  of 
twenty-one  days:  at  the  rate  of  $15.00.  The  fiscal  court  refused  to 
pay  anything  to  appellant  for  his  services  under  his  last  employ- 
ment. Thereupon  he  prayed  an  appeal  to  the  Henderson  Circuit 
Court  from  the  order  of  the  fiscal  court  disallowing  the  balance  of 
his  claim,  which  aggregated  $467.50.  By  agreement  of  the  parties, 
the  case  was  submitted  to  be  tried  by  the  circuit  judge  without 
the  intervention  of  a  jury,  and  he  dismissed  appellant's  petition, 
and  from  that  judgment  this  appeal  is  prosecuted. 

It  is  insisted  for  the  appellee  that  the  fiscal  courts  are  charged 
by  law  with  the  duty  of  determining  what  compensation  shall  be 
allowed  to  employes  of  the  county  board,  and  that  the  agreement 
of  the  county  board  to  pay  appellant  $15,000  per  day  for  his  serv- 
ices under  the  first  employment  was  ultra  vires,  that  when  the 
county  board  resigned  their  offices  and  the  fiscal  court  took 
charge  of  the  pesthouse  and  employed  a  competent  physician  to 
treat  and  care  for  the  patients  afflicted  with  the  disease,  that  the 
county  board  was  not  authorized  to  discharge  him  and  reappoint 


HEALTH  LAWS  OF  KENTUCKY  231 

appellant  ;  and  that  appellant  rendered  no  services  under  his  last 
employment. 

Upon  their  reappointment  by   the  State  Board,  the  county 
board  had  auth  resume  charge  of  the  epidemic,  and  to  em- 

ploy  physicians  for  the  treatment  of  patients  confined  in  the  pest- 
house  ;  this  necessarily  involved  the  power  and  right  to  discharge 
those  who  had  been  employed  by  the  fiscal  court  during  the  inter- 
regnum; and  it  was  the  duty  of  the  fiscal  court  to  make  fair  and 
^onable  compensation  to  the  persons  so  employed,  whether  they 
approved  their  employment  or  not.  The  power  to  determine  what 
physicians,  nurses,  guards,  ami  attendants  that  are  necessary,  is 
hit  t<.  tin-  diser.  tion  of  the  Board  of  Health;  but  the  power  to  fix 
the  compensation  of  the  persons  so  employed,  like  the  compensation 
of  the  members  of  the  county  board  themselves,  is  vested  in  the 
fiscal  comi  of  the  county.  Bui  neither  the  county  board  nor  the 
re  arbitrj  n  the  discharge  of  their  respec- 

The  county  board  could  not  employ  persons  grossly 
the  number  require  inn*  can  the  fiscal  court  re- 

hue  to  make  compensations  to  persons  whom  the  county  board  in 
ordinary  discretion  thought  necessary  under  the 
icy  io  en  ppellanl  was  regularly  employed  by  the 

county  board  to  render  the  services  sued  for,  he  is  entitled  to  be 
•  1    by    tin'    fiscal    COUrl    tin-    fail*    and    reasonable    value    of   such 

.  act  that  the  physician  appointed  by  the  fiscal 
ed  to  but  charge  of  the  pesthouse  to  appellant  by 

;il  court,  or  to  prnnit  him  to  take  charge,  is  no 

g   to  pay  him,  as  the  county  board  had 

undoubtedly  the  right  to  appoint   and  to  continue  his  employment 

as  long  as  hi  irere  needed  in  the  treatment  of  the  diseased. 

[1  i>  not  denied  that  he  abandoned  all  his  business  and  stayed  during 

iod  of  his  appointment  at  tin-  pesthouse  and  was  at  all 
ly  and  willing  to  discharge  the  duties  Cor  which  he 
had  been  employed. 

For  reasons  indicated,  the  judgment  is  reversed  and  the  cause 

remanded,  with  instruct  r  a  judgment  for  appellant  for 

■  fail-  value  of  his  services  during  the  time  of  his  employment. 


2Zi  HEALTH  LAWS  OF  KENTUCKY 

Court  of  Appeals  of  Kentucky,  January  20,  1904 — City  of  Bards- 
town  v.  Nelson  County — Appeal  from  Nelson  Circuit  Court. 

Opinion  of  the  Court  by  Judge  O'Rear. 

Bardstown,  in  Nelson  county,  is  a  city  of  the  fifth  class,  with  less 
than  2,500  population,  and  therefore  is  not  required  to  have  a  sepa- 
rate board  of  health.  (Section  2059,  Kentucky  Statutes.)  The  State 
Board  of  Health  regularly  appointed  three  persons  as  the  local  board 
of  health  of  Nelson  county.  A  case  of  smallpox  developed  in  Bards- 
town. The  person  was  poor  and  probably  a  tramp.  The  local  board 
of  health  called  upon  the  town  council  to  take  steps  to  isolate  and 
quarantine  the  case.  A  house  was  provided  and  guards,  medicine, 
food  and  clothing  were  furnished  by  the  town  to  the  amount  of  some- 
thing over  $200.  The  fiscal  court  of  Nelson  county  was  not  notified 
of  the  case,  nor  of  the  incurring  of  the  expense.  Afterwards  Bards- 
town presented  a  bill  of  expenses  incurred  as  above  stated,  and  asked 
the  fiscal  court  to  pay  it,  which  was  refused.  Nor  would  the  court 
allow  any  part  of  it.  The  rejection  of  the  claim  does  not  appear  to 
have  been  because  it  was  unreasonable  or  improvident  in  its  charges, 
but  because  the  court  deemed  the  city,  and  not  the  county,  to  be 
liable  therefor.     The  city  brought-  this  suit  to  collect  its  bill. 

The  county  urges  that  there  is  no  statute  making  the  county 
liable  for  such  expenses.    Therefore  that  it  is  not  liable. 

The  statutes  (Sections  2047-2072,  Kentucky  Statutes)  provide  a 
State  Board  of  Health,  with  large  and  important 'duties  and  powers 
conferred  upon  it.  Its  members,  excepting  the  secretary,  are  ap- 
pointed by  the  Governor,  and  upon  the  advice  and  with  the  consent 
of  the  Senate.  They,  besides  personal  duties  involved,  are  required 
to  appoint  local  or  county  boards  of  health  in  each  county  to  assist 
in  the  execution  of  such  sanitary  and  precautionary  measures  against 
epidemics  and  contagious  diseases  as  the  State  Board  may  promulgate, 
or  the  county  boards  deem  necessary.  The  powers  conferred  upon 
these  boards  by  the  statute  are  extraordinary,  and  justified,  in  so  far 
as  they  will  be  sustained,  only  by  the  extreme  exigencies  calling  for 
their  existence.  Among  the  duties  of  these  boards  is  to  require  san- 
itary cleansing  and  disinfection  of  premises  and  the  isolation  and 
quarantine  of  persons  afflicted  with  certain  highly  contagious  dis- 
eases, such  as  smallpox.  The  State  Board  is  composed  of  doctors  of 
medicine,  supposedly  qualified  to  deal  intelligently  with  that  par- 


HEALTH  LAWS  OF  KENTUCKY  233 

alar  situation.    It  is  true  there  is  no  express  provision  of  the  statute 
for  paying  any  of  the  expenses  necessarily  incurred  by  these  county 
boards,  except  for  the  services  of  the  members.     It  can  scarcely  be 
'1  that  ti  ilature  has  done  a  thing  so  idle  as  to  provide 

system  of  dealing  with  infectious  diseases  which 
threaten  the  health  of  the  public,  without  intending  that  the  ex- 
penses  necessarily  incurred  by  the  board  should  be  paid  for.  It  was 
competent  for  the  Legislature,  in  the  exercise  of  the  police  power  of 
the  state,  to  provide  for  the  detention  of  persons  infected  with  con- 
tagious diseases,  and  for  their  treatment  at  the  public  expense.  If 
the  Legislature  had  required  the  several  counties  or  cities  to  do  it, 
as  they  do  with  reference  to  these  paupers,  it  would  not  be  ques- 
tioned that  the  counties  and  cities  would  be  liable  for  the  expenses. 

The  State  Board  of  Health  are  State  officers,  with  fixed  terms, 
jurisdictions  and  duties.    The  State  pays  them,  and  provides  for  their 
expenses.     The  county  boards  of  health  are  county  officials,  having 
duties  to  perform  toward  the  public  within  their  counties;  their  com- 
dired  to  be  fixed  and  paid  through  the  fiscal  courts 
of  the  counties.    It  was  competent  for  the  Legislature  to  create  these 
il  agencies,  and   to  impose  upon  them  the  discharge  of 
certain  duties  to  the  State  and  counties.    If  the  Legislature  sees  proper 
to  have  the  police  laws  of  the  State  looking  to  the  preservation  of 
the  health  of  the  public  executed  by  a  body  of  officials  selected  and 
chosen  with  reference  alone  to  their  fitness  for  that  delicate  and  im- 
•  ead  of  imposing  it  on  t lie  fiscal  courts,  or  town  coun- 
cils, it  is  clearly  within  their  power  to  do  so.    But  when  they  do  so, 
county  board  becomes  an  auxiliary  department  of  the  county  gov- 
ernmi  at.     I  ess  authority  with  which  they  are  clothed  by  the 

.     i-vs  with  it  every  implied  authority  necessary  to  execute 
lould  not  ate  for  tin1  benefit  of  the  county, 

without  incurring  a  liability  to  pay  it,  and  as  no  other  means  are  pro- 
vide lows  that  the  liability  must  be  paid  by  the  county,  as  its 
r  obligations  are,  by  money  derived  from  county  taxes,  levied 
by  1  i  I  court,  the  only  tribunal  authorised  by  statute  for  levy- 
ing county  taxes.  The  judgment  and  action  of  the  county  board  of 
health,  concerning  matters  within  their  jurisdiction  ought  to  be,  and 
are,  as  conclusively  binding  upon  the  county  as  would  be  the  judgment 
and  action  of  the  fiscal  court  in  making  allowances  for  paupers.     A 


234  HEALTH  LAWS  OF  KENTUCKY 

corrupt  abuse  of  their  power  would  be  and  ought  to  be  punished  as 
other  official  corruption  is. 

Probably  it  would  have  been  better  if  the  county  board  of  health 
had  called  on  the  fiscal  court  in  the  first  instance  for  the  necessary 
aid  in  executing  the  quarantine  and  support  of  the  subject.  It  was 
doubtless  an  honest  error  of  the  board  as  to  which  municipality  would 
ultimately  have  the  bill  to  pay  that  led  to  their  calling  on  the  town 
council  instead  of  the  fiscal  court.  But  that  error  doesn't  change  the 
liability  of  the  one  legally  bound  for  it.  It  merely  subjected  the  town 
to  the  chance  of  losing  part  of  the  bill,  if  any  of  it  should  be  unrea- 
sonable in  its  charges. 

The  county  board  of  health  seems  not  to  have  kept  a  record  of  its 
proceedings  at  that  time.  It  is  urged,  with  much  earnestness  and  force, 
that  a  body  exercising  the  power  and  duty  of  incurring  almost  unlim- 
ited debt  against  the  municipality  for  whom  they  are  acting,  must 
make  and  keep  a  record  of  it — not  only  for  the  protection  of  the  peo- 
ple who  must  pay  it,  but  as  a  basis  of  impeachment,  if  they  act  im- 
providently  or  dishonestly.  It  is  pointed  out  that  no  county,  or  city, 
or  even  school  district,  can  become  indebted  by  contract,  or  act  at  all 
save  as  it  speaks  through  its  records ;  and  that  impliedly  this  govern- 
mental agency,  if  it  would  bind  the  public  for  whom  it  acts,  must  like- 
wise act  by  record.  We  would  be  glad  if  we  could  hold  that  such  was 
the  law.  But  we  find  that  in  all  instances  enumerated  where  the 
municipality  is  bound  only  when  its  records  bind,  it  is  because  of  an 
express  statute  to  that  effect.  It  is  a  singular  oversight  in  legislation 
that  a  similar  safeguard,  found  wise  and  proper  in  the  instance  in 
every  other  body  that  contracts  debts  on  behalf  of  the  public  it  serves, 
should  have  been  omitted.  But  it  has  not  been  required,  and  we 
cannot  hold,  that  those  furnishing  the  services  and  goods  for  the  coun- 
ty at  the  proper  instance  of  the  county  board  of  health  should  lose 
their  claims  because  those  officials  have  not  done  what  they  were  not 
required  to  do. 

The  rulings  of  the  trial  court  were  in  accord  with  the  views 
herein  expressed,  except  that  it  left  the  question  to  the  jury  to  find 
whether  the  local  board  of  health  "had  met  and  organized  as 
such."  On  the  trial  appellant  offered  to  prove  the  affirmative  of 
that  fact  by  parol  evidence,  appellee,  objecting,  insisting  that  it 
could  be  shown  by  the  record  of  the  local  board  only.  The  objec- 
tion was  sustained.     The  action  of  the  countv  board  of  health  in 


HEALTH  LAWS  OF  KENTUCKY  235 

quaranting  the  subject,  and  asking  the  council  to  defray  the  ex- 
lIso  sought  to  be  proved  by  parol;  and  rejected  by 
the  court.    All  of  the  evidence  was  in  favor  of  a  verdict  for  appel- 
lant, but  the  verdict  was  for  appellee.     A  new  trial  should  have 
awarded. 

Judgment   reversed  and  cause  remanded  for  proceedings  not 
inconsistent  herewith. 


Court    of    Appeals    of    Kentucky,    February    3,    1904 — Twyman's 
Mm'r    v.    Frankfort. — Appeal   from   Franklin    Circuit    Court. 

don  of  the  Court  of  Judge  Settle. 

The  appelli  Twyman,  as  administrator  of  tho  estate 

I  wyman,  d,  sued  the  appellee,  city  of  Frankfort, 

in  the  Franklin  -JOrjOO.OO  damages  for  the  death 

of  1  '  to  have  been  caused  by  the  negligence  of 

police  officers  in  wrongfully  exposing  the  intestate  to  inclement 

Either  while  he  had  smallpox  by  removing  him  from  a  comfort- 

able  home  to  the  pe  l  tor  smallpox  patients,  which  was 

poorly  •  whollj  unlit  for  the  purp 

which  it  was  u>< 

It  \  tition  that  the  appellee 

the  third  class  is  >red  to  enact  ordinances  to 

ion  of  coi  in   its  corporate 

limit  ad  enforce  the  same  within  ten 

mil-  tblish  hospitals,  hoards  of  health,  and  make 

ml  i protection  of  the  public  health. 

That   i:i  pui  numeraicl.  the  appellee  has 

teotion  of  the  public  health. 
and   ha  affected  with   con 

i    of  health,    for 

whi  :•.  other  officers  ami  agents  to 

to  remove  any  and  all  persons  afflicted 
wit!  sthousc,  ami  Buch  officers  and  agents  acted 

d    in   doing   the    negligent    acts 
by  the  b  losl  his  life. 

A  demurre]  "tition  by  the  appellee,  ami  the 

c  having  been  sustained  by  the  lower  court,  the  appellant  re- 


236  HEALTH  LAWS  OF  KENTUCKY 

fused  to  plead  further.     The  petition  was  therefore  dismissed,  and 
appellee  given  judgment  for  its  costs. 

The  case  is  now  before  this  court,  and  the  only  question  pre- 
sented upon  this  appeal  is:  Does  the  petition  state  a  good  cause 
of  action? 

Ifrthe  acts  complained  of  in  the  petition. were  done  by  the  ap- 
pellee in  the  effort  to  protect  the  public  health,  which  is  a  duty 
that  appertains  to  the  city  in  its  public,  and  not  in  its  corporate 
or  private  capacity,  it  would  seem  that  there  can  be  no  liability 
upon  its  part,  even  though  such  duty  was  negligently  performed 
by  those  to  whom  its  performance  was  entrusted. 

"The  power  or  even  duty  on  the  part  of  a  municipal  corpora- 
tion to  make  provisions  for  the  public  health,  and  for  the  care  of 
the  sick  and  destitute,  appertains  to  it  in  its  public,  and  not  cor- 
porate,  or,  as  it  is  sometimes  called,  private,  capacity,  and  there- 
fore where  a  city  under  its  charter,  and  general  law  of  the  State 
enacted  to  prevent  the  spread  of  contagious  diseases,  establishes 
a  hospital,  it  is  not  responsible  to  persons  injured  by  reason  of  the 
misconduct  of  its  agents  and  employes  therein.  *  *  *  Dillon  on  Mu- 
nicipal Corporations,  Sections  977,  989,  981,  982.  City  of  Richmond 
v.  Long's  AdmY.  17  Grattan,  375;  Shelbourne  v.  Yarbo  Co.,  21. 
Cal.,  113. 

Perhaps  no  better  statement  of  the  law  on  this  subject  can  be 
made  than  is  found  in  the  following  quotation  from  15  Am.  &  Eng. 
Ency.  of  Law,  1141,  viz. : 

"While  the  difficulties  surrounding  all  attempts  to  state  a  rule 
embracing  the  torts  for  which  a  private  action  will  lie  against  a  mu- 
nicipal corporation  have  been  often  deplored,  yet  it  is  believed  that 
the  following  formula  is  both  accurate  and  complete :  So  far  as  mu- 
nicipal corporations  of  any  class,  and  however  incorporated,  exer- 
cise powers  conferred  upon  them  for  purposes  essentially  public — 
purposes  pertaining  to  the  administration  of  general  laws,  made  to 
enforce  the  general  policy  of  the  State — they  should  be  deemed  agen- 
cies of  the  State,  and  not  subject  to  be  sued  for  any  act  or  omission 
occurring  while  in  the  exercise  of  such  power,  unless  by  statute  the 
action  be  given.  In  reference  to  such  matters  they  should  stand 
as  does  the  sovereignty  whose  agency  they  are,  subject  to  be  sued 
onlv  when  the  State  bv  statute  declares  that  they  may  be.    Tn  so  far. 


HEALTH  LAWS  OF  KENTUCKY  237 

however,  as  they  exercise  powers,  not  of  this  character  voluntarily 

lined — powers  intended  for  the  private  advantage  and  benefit  of 

the  locality  and  its  inhabitants — there  seems  to  be  no  sufficient  reason 

why  they  should  be  relieved  from  liability  to  suit,  and  the  measure 

actual  damages  to  which  an  individual  or  private  corporation 

be  same  powers  for  purposes  essentially  private  would 

l)o  liable. 

We  find  the  same  principle  announced  in  Taylor  v.  City  of  Owens- 
boro,  98  Ky.,  271,  wherein  it  is  said  by  this  court: 

"     *     *     *     The  municipal  corporation  in  all  these  and  like 

causes,  represents  the  State  or  the  public;  the  police  officers  are  not 

the  serv  be  corporation,  and  hence  the  principle  of  respondat 

rior  does  not  apply,  and  the  corporation  is  not  liable  unless 

by  virtue  of  a  statute  <  y  creating  the  liability    *    #    •. 

In  the  same  case,  it  is  further  said: 

"The  above  principle  is  sustained  by  an  almost  unbroken  line 
■f  this  country  and  by  this  court  in  the 
cases  of  Pollock's  Adm'r.  v.  Louisville,  18  Bush,  221;  Jolly's  Adm'r. 
v.  Eawesville,  89  Ky.,  279;  Prather  v.  Lexington,  13  B.  M.,  559." 

We  do  not  regard  the  cases  of  Clayton  v.  Henderson,  20  L.  R,. 

86;  Padncah  v.  Allen,  23  L.  R.,  701,  and  McGraw  v.  Marion,  98  Ky., 

673,  cited  by  counsel  for  appellant,  as  authorities  in  point.    The  two 

cases  first  mentioned  involved  the  illegal  action  of  the  boards  of  coun- 

cilmcn  of  t!  •  irson  and  Padncah  in  improperly  locating 

tioo  of  the  statute,  th<  reby  creating  nuisances  f«> 

the  injury  of  the  property  right  of  contiguous  residents,  and  endan- 

the  lives  of  their  families,  and  towns  and  cities  can  always 

held  liable  for  I  B  created  or  maintained  by  them.     And 

in  ,:  mentioned,  though  the  city  of  Marion  was  held  liable 

in  damages  for  the  arrest  and  prosecution  of  McGraw  for  peddling 

with  on'  the  arresl  was  made  under  a  void  ordinance  which 

i  for  municipal  revenue,  of  which  the  city  of  Marion  was 

iry.     It  is  well  settled  that  a  city  may  be  held  liable 

for  an  act  resulting  in  injury  to  another,  where  the  city  derives  some 

i]  benefit  from  snch  act. 

Counsel  for  appellant  relics  upon  Aaron  v.  Broiles,  etc.,  6  1  i  < 
318;  Dallas  v.  Allen,  40  S.  W.,  324.    The  former  was  an  action  against 
the  board  of  health,  mayor  and  marshal  of  Fort  Worth,  and  not 
ainsl  the  city,  and,  upon  the  state  of  facts  presented,  it  was  held 


2'SS  HBALTH  LAWS  OF  KBNTUGKY 

that  the  persons  sued  were  liable.  We  have  been  unable  to  find  or 
examine  the  case  of  Dallas  v.  Allen,  supra,  but  conceding  that  the 
Texas  doctrine  is  as  contended  by  counsel  for  appellant,  it  has  not 
been  accepted  in  this  State,  and  is,  we  think,  against  the  weight  of 
authority  outside  of  it. 

We  are  unable  to  see  how  the  failure  of  the  appellee  city  to 
appoint  a  board  of  health  can  affect  the  question  under  consideration, 
A  board  of  health  would  be  but  an  instrumentality  or  an  agency  in 
the  hands  of  the  municipal  government  to  be  employed  in  protecting 
and  maintaining  public  health.  Any  other  means  to  the  same 
end  that  would  prove  as  effective  as  a  board  of  health  might  be  em- 
ployed by  the  city,  and  still  the  duties  to  be  performed  would  be  such 
as  grow  out  of  the  exercise  of  powers  purely  governmental. 

It  is  insisted  for  the  appellant  that  the  appellee  city  participated 
in  the  alleged  negligent  acts  of  its  officers  in  the  manner  of  remov- 
ing the  intestate  to  the  pcsthouse,  because  it  directed  the  removal. 

It  is  not,  however,  contended  that  the  city  council  gave  any  spe- 
cial direction  to  remove  the  intestate  to  the  pesthouse,  though  it  is 
conceded  that  it  adopted  proper  ordinances  under  which  to  care  for 
the  public  health.  It  cannot  be  denied  that  it  is  the  clut}-  of  the  city 
authorities  to  enforce  these  ordinances  by  removing  those  who  are 
afflicted  with  contagious  diseases  to  the  place  provided  for  them.  We 
fail  to  see,  therefore,  how,  in  performing  these  duties,  the  city  can 
become  a  participant  in  the  negligent  acts  of  those  who  simply  have 
in  hand  the  removal  to  the  pesthouse  of  persons  thus  afflicted.  At 
most,  only  the  officers  or  agents  guilty  of  such  negligence  may  be 
held  liable  therefor. 

Taking  all  that  is  alleged  in  the  petition  to  be  true,  and  it  must 
be  so  considered  for  the  purpose  of  the  demurrer,  it  shows  beyond 
question  that  the  acts  complained  of  were  such  as  appertained  or 
were  incidental  to  appellee's  duty  to  the  public,  and  were  done  for 
the  protection  of  the  public  health.  The  power  exercised  was^there- 
fore  solely  for  the  public  good. 

Finally,  it  is  insisted  for  appellant  that  in  any  event  this  action 
was  authorized  b}^  Section  6,  Kentucky  Statutes,  which  provides  that : 

"Whenever  a  death  of  a  person  shall  result  from  an  injury 
inflicted  by  negligence  or  wrongful  act,  then  in  every  such  case 
damages  may  be  recovered  for  such  death  from  the  person  or  per- 


HEALTH  LAWS  OF  KENTUCKY  239 

8,  company  or  companies,  corporation  or  corporations,  their 
agents  or  servants  causing  the  same     *     *     *." 

The  statute  was  enacted  to  conform  to  Section  241  of  our 
present  Constitution,  which  confers  the  same  right. 

We  cannot  believe  that  the  statute  and  provision  of  the  Con- 
stitution, supra,  were  intended  to  give  a  right-  of  action  against 
a  municipal  corporation  for  the  death  of  a  person  occurring  as 
a  result  of  the  act  done,  as  in  this  case,  in  the  performance  of  a 
duty  which  the  municipality  to  the  public,  and  the  doing  of 

which  was  but  the  exercise  of  power  purely  governmental. 

It  seems  to  us  that  to  hold  otherwise   would   practically  do 

ay   with  municipal  authority  in  the  matter  of  preserving  the 

public  health,  which  would  result  in  consequences  disastrous  to 

public  welfare,  ami  ruinous  to  every  city  in  the  State. 

For  the  reasons  indicated,  the  judgment  is  affirmed. 

Whole  court  sit t 


Court  of  Appeals  of  Kentucky—  Henry  Haying  v.  City  of  Coving- 
ton— Appeal  from  Kenton  Circuit  Court.- 

Opinion  of  irt  by  Judge  Xuiiu. 

i    was   ;  1   by   the  appellant  in   the  Kenton 

irt  for  the  recovery  of  the  sum  of  $5,000  in  damages 

I  to  have  been 

ie  acts  of  the  appellee  rUy  through  its  offi- 

commit  i  follows:  That  the  city 

b   its  common  council  purch,  &]  estate  and  erected  «a 

that  in  tie'  month  of  February,  1902,  appellant 

ith  a  conta  sease  known  as  smallpox;  that 

through  its  ag(  □  the  date  aforesaid, 

appellai  t1    aoi  se  an  ;  i       oil  and  beat  appellant,  and  took 

ia  will,  while  he  was  sick  and  unable  to  pro- 

I   himself,  ai.  Led  him  to   this  pesthouse;  that  this  house 

l  unfit  for  ai:  or  sick,  to  remain  in;  that  the  roof  was 

broken,  the  sides  of  the  house  open,  so  that  the  rain,  snow  and  ice 

a;  that  he  was  placed  in  a  filthy,  unhealthy 

!  damp  room  and  compelled  to  remain  there  for  several  weeks 

as  a  prisoner,  against  his  will  and  protest;  that  the  bed,  bedding 

•  where  he  waa  kept  were  unfit  for  any  one 


240  HEALTH  LAWS  OF  KENTUCKY 

to  occupy ;  that  because  of  said  cold,  sleet  and  snow  and  other  ele- 
ments, the  filthy  condition  of  the  rooms  and  bed  clothing,  he  suf- 
fered both  mental  and  physical  pain  and  anguish ;  that  the  ravages 
of  the  disease  with  which  he  was  afflicted  were  increased  by  reason 
thereof.  The  petition  contained  two  paragraphs,  one  for  the  as- 
sault and  battery  and  the  other  for  his  sufferings  by  reason  of  the 
unsanitary  condition  of  the  pesthouse. 

The  appellee  filed  a  motion  to  require  the  appellant  to  elect 
which  cause  of  action  he  would  prosecute.  This  motion  was  sus- 
tained, and  the  appellant  elected  to  stand  on  the  cause  of  action 
set  out  in  the  second  paragraph,  and  he  withdrew  so  much  of  his 
pleadings  as  set  out  the  assault  and  battery. 

The  appellant  does  not  complain  of  the  action  of  the  court  in 
requiring  him  to  elect.  The  court  then  sustained  a  demurrer  to 
the  petition  of  appellant,  of  which  appellant  complains. 

It  is  agreed  that  the  officials  who  committed  the  wrongs  com- 
plained of  are  personally  liable  for  the  injuries  received.  The  only 
question  to  be  determined  is,  can  the  city  be  made  liable  therefor? 

Under  the  authority  of  the  case  of  Hengehold  v.  The  City  of 
Covington,  22  Ky.  Law  Rep.,  463,  it  was  decided  that  it  was  lawful, 
to  remove  an  infected  patient  to  the  pesthouse,  even  against  his 
will  and  consent. 

There  are  two  general  principles  underlying  the  administra- 
tion of  government  of  municipal  corporations.  The  one  is  that  a 
municipal  corporation,  in  the  preservation  of  the  peace,  public 
health,  maintenance  of  good  order,  and  the  enforcement  of  the 
laws  for  the  safety  of  the  public,  possess  governmental  functions 
and  represents  the  State.  The  other  is  where  the  municipal  corpor- 
ation exercises  those  powers  and  privileges  conferred  for  private, 
local  or  merely  corporate  purposes,  peculiarly  for  the  benefit  of 
the  corporation.  Under  the  former  the  city  is  not  liable  for  mal- 
feasance, misfeasance  or  non-feasance  of  its  officers.  Under  the 
latter  it  is.  With  reference  to  the  matters  alleged  in  the  petition 
of  appellant,  the  city,  by  its  officials,  was  acting  for  the  preserva- 
tion of  the  public  health  and  in  a  governmental  capacity,  and  as  an 
arm  of  the  State  government,  and  not  in  its  private  capacity  pecul- 
iarly for  the  benefit  of  the  corporation. 

All  the  authorities  support  this  conclusion,  and  there  is  no 
deviation   from  these   principles   except   where   the   city  is  made 


HEALTH  LAWS  OF  KENTUCKY  241 

liable  by  an  express  statute.     (24  Ky.  Law  Rep.,  1S04;  13  Bush, 

17   B.  M..  728;  89  Ky.,  279;  Dillon  on  Mun.  Corp.,  2d  Vol., 

:  88  N.  W.,  695;  An  .  Enc,  2d  Ed.  Vol.  20,  1193;  57 

05,  ami  0'2  Minn.,  278.) 
Th  Qg  no  statute  making  the  city  liable,  we  are  con- 

•i'irm  the  action  of  the  lower  court  in  sustaining  the 
demurrer  to  appellant's  petition. 

Wherefore  the  judgment  is  affirmed ;  whole  court  sitting. 


Court  of  Appeals  of  Kentucky — John  Wittwer,   etc.,   v.  Dr.  J.  M. 

.  Mathews  and  others. 

Opinion  of  the  Court  by  Judge  O'Rear. 

This  case  was  submitted  to  me  under  the  agreement  of  the  parties 
that  my  opinion  as  to  the  law  should,  be  adopted  by  the  Jefferson 
•nit  Court  as  the  basis  for  its  judgment  in  the  case,  it  being 
expedient  by  the  parties  and  their  counsel  to  pursue  this 
course  in  view  of  certain  novel  conditio  elding  the  situation. 

The  question  appeared  to  me  to  be  such  grave  importance 

that  1  1  Eight  it  best  to  submit  it  to  all  judges  of  the  Court  of 

Appeals.  They  concur  in  the  conclusion  which  I  have  reached,  and 
which  I  will  state  without  elaboration. 

6  plaintiffs  are  d  owning  herds  of  milk  cows  in  Jeffer- 

son county,  this  State.  They  sell  milk  in  Louisville.  The  State 
Board  of  lb  tarnation  Betting  forth  the  preva- 

lence of  ttle  in  this  State,  and  particularly  in 

Jefferson  and  certain  ot!  icent  counties.    Thereupon  the  board 

adopted  cei  raping  out  the  disease.     Among 

as  a  process  i  «tion,  and  a  rule  providing  isolation  or 

.•ought  to  ol  the  State 

rd  of  11  d  Count;  lib  of  Jefferson  County, 

and  cer:  rbrking  under  these  bodies,  who,  it  is  alleged,  pro- 

lurt,  would  apply  what  is  known 

ain- 

i  the  boards  bad  not  Hie  power  to  make  ruler,  and  regulations, 

ion  to  those  found  in  the  statutes  of  the  State;  that  such  power 

attempted  to  be  conferred  n  a  by  the  Legislature  was  in  vio- 

lntion  of  the  itution,  and,  in  that,  it  ta  argued,  it  delegated  to 


242  HEALTH  LAWS  OF  KENTUCKY 

these  boards  the  function  of  legislation;  that  the  plaintiffs  would  be 
deprived  of  their  property  without  due  process  of  law,  as  there  was 
no  provision  for  a  trial  of  the  fact  whether  their  cattle  were  infected, 
and  none  for  compensating  them  for  such  as  were  destroyed. 

The  statutes  of  the  State  created  the  State  Board  of  Health,  and 
its  auxiliary  local  boards,  giving  to  them  the  power  to  adopt  such 
rules  and  regulations  as  will  effectuate  the  purpose  of  the  statute, 
namely,  prevent  the  spread  of  contagious  and  infectious  diseases  in 
this  State  among  men  and  cattle.  (Sees.  48,  49,  50,  Ky.  Statutes.) 
The  Legislature  has  deemed  it  proper,  to  protect  the  public  health, 
and  promote  the  public  welfare,  by  providing  means  to  eradicate,  and 
prevent,  contagious  diseases  in  this  State  as  far  as  may  be  practicable. 
The  matter  of  detail  in  executing  the  public  purpose  is  committed  to 
a  body  of  public  officials  selected  with  reference  to  their  presumed 
fitness  for  such  work.  The  Legislature  acts  in  the  matter  under  what 
is  known  as  the  police  power  of  government,  which  undoubtedly  in- 
cludes the  power  to  protect  the  public  health.  It  always  acts  in  such 
matters  by  delegating  to  an  administrative  official  body  the  detail 
work.  The  Legislature  by  statute  must  declare,  and  in  this  instance 
has  declared,  that  contagious  diseases  of  the  character  here  in  ques- 
tion are  to  be  brought  under  control  of  the  State  so  far  as  science  may 
control  them.  The  official  charged  by  law  with  the  duty  of  executing 
the  legislative  will,  may,  and  in  police  regulations,  does,  use  his 
judgment,  and  sound  discretion  in  adopting  ways  and  means  to  the 
end.  Regulations  that  <are  not  unreasonable  and  oppressive,  and 
that  are  calculated  to  bring  the  disease  under  effective  control  and 
stop  its  spreading,  are  not  statutes.  They  are  not  something  in  ad- 
dition to,  but  are  details  within  the  statutes  passed  by  the  State  Leg- 
islature. They  must  be  germane  to  the  statute,  and  in  their  execu- 
ion  have  reference  solely  to  the  main  object  aimed  at  by  the  statute. 
The  Legislature  has  declared  that  infectious  and  contagious  diseases, 
which  imperil  the  health  and  lives  of  the  public,  are  the  subjects  of 
the  State's  concern,  and  that  persons  and  property  affected  shall  be 
subjected  to  police  control  until  the  disease  is  stamped  out.  The  man- 
ner of  treating  the  disease  to  ascertain  the  presence  or  extent  of  the 
disease  in  suspected  quarters  are  as  essential  as  the  application  of  the 
remedy  to  them  when  discovered.  Each  is  a  matter  of  detail  for  the 
officials  having  the  matter  in  charge.  So  is  isolation,  and  in  case  of 
infected  animals,  their  destruction  in  certain  instances. 


HEALTH  LAWS  OF  KENTUCKY  243 

But  we  think  there  is  limitation  upon  the  health  boards : 
1.     The  existence  of  the  disease  in  the  community  must  be  a  fact, 
and  not  mere  suspicion.     2.  The  regulation  adopted  for  testing  its 
presence  in  the  particular  animal  or  herd  must  be  such  as  is  accepted 
eience  as  one  reasonably  calculated  to  discover  it.    3.  If  isolation 
or  destruction  i->  i  as  a  remedy,  it  must  have  been  accepted  by 

the  medical  profession  that  t hat  treatment  is  on^  well  calculated  to 
eradicate  the  and  stop  in  spreading. 

If  the  boards  proceed  oil  do  so  at  their  peril. 

The  courts  will  take  judicial  notice  of  what  the  \. iritis  sciences 
hold  as  established  or  accepted  truths.    Th<  ia1  tuberculosis 

may  effect  bovine  c;:  rough  their 

milk  may  be  contracted  by  hum  now  an  accep  I  by  the 

>uld  they  courts  will  take 

ice  of  th.  tuberculin  I  to  \\  liich  cattle 

aptoms,  the  presence  or  ab- 
iii'in.    While  this  lest  po  qoI  univer- 

eight  of  professional  opinion 
;  the  subject  a  special  study  is,  that 
-•asonably  certain  one  ami  pi  It  was  tie  -om- 

it for  the  board  to  adopt  it. 
The  case  came  down  to  this : 

it  hat  mil!  ille  is  infected  to  the  ex- 

e-third  with  tubi  i,  this  t'a.-i   pre- 

indition  as  afi  the  public  health 

among  I  milk   in  the 

y  of  ascerta:  the  alTected 

d  all  who  supply  the  milk.     Those  found 

0  the  public  health,  are  a  public  nuisance  iu- 

,md  should  be  summarily 
;•  and  immi 
ter  kill  :  i  than  th 

In  '  .1  io  fir8l  try  out 

the  e  plaintiffs'  co  as  to 

■A  conflaj 
it  tic,  easarj  mainder. 

aid  that  !  under  employ  of  the  State  and 

hould  they  find  the  plaintiffs'  catl  with 

tub-  them  de  and  will  them,  with- 


244  HEALTH  LAWS  OF  KHNTUCKY 

out  compensation  to  the  plaintiffs.  If  they  are  diseased  they  ought 
to  be  destroyed.  No  man  has  a  right  to  keep  an  animal  which  by  its 
presence  endangers  life  and  property.  Nor  is  he  entitled  to  compen- 
sation from  the  public  for  it.  No  provision  has  been  made  by  the 
Legislature  for  compensating  such  owners  except  owners  of  cattle 
affected  with  pleuro-pneumonia.  They  alone  must  bear  the  loss  en- 
tailed by  the  misfortune  of  the  ownership  of  cattle  diseased  with  a 
contagious  infection. 

The  boards  are  not  the  possessors  of  arbitrary  power,  as  is  ar- 
gued. If  they  kill  or  cause  to  be  killed,  cattle  not  infected,  or  pub- 
lish reports  which  injure  or  destroy  the  plaintiff's  business,  when 
such  reports  are  not  true,  or  have  not  a  reasonable  basis,  the  mem- 
bers would  doubtless  be  held  liable  in  damages  to  the  plaintiffs. 

We  think  the  injunction  prayed  for  should  not  be  granted. 

Whole  court  sitting. 


Court  of  Appeals  of  Kentucky — Allison  v.  Cash — Filed  May  17,  1911. 
— Appeal  from  the  Lyon  Circuit  Court. 

Opinion  of  the  Court  by  Judge  Settle. 

The  appellant,  Mrs.  C.  S.  Allison,  sought  in  this  action  to  recover 
in  the  court  below,  $5,000  damages  of  the  appellees,  Sam  G.  Cash, 
sheriff  of  Lyon  county;  W.  L.  Crumbaugh,  county  judge  thereof; 
Drs.  J.  H.  Hussey,  W.  G.  Kinsolving,  C.  H.  Linn,  and  D.  J.  Travis, 
the  five  last  composing  the  county  board  of  health  of  that  county, 
for  their  alleged  wrongful  acts  in  compelling  her  to  abandon  her  mil- 
linery store  in  Eddyville,  causing  its  contents  to  be  disinfected  or 
fumigated,  and  thereby,  as  alleged,  greatly  injuring  the  value  of  same. 
Appellees,  composing  the  Lyon  county  board  of  health,  by  answer 
set  out  the  powers  of  the  board  with  lespect  to  the  prevention  of  con- 
tagious diseases,  its  adoption  of  the  rules  and  regulations  established 
by  the  State  Board  of  Health  for  their  suppression,  the  prevalence  in 
the  city  of  Kuttawa  of  smallpox,  the  necessity  of  enforcing  the  re- 
strictions imposed  by  the  rules  referred  to  for  preventing  the  spread 
of  that  highly  contagious  disease  to  Eddyville,  only  two  miles  from 
Kuttawa,  which  included  the  establishment  of  quarantine  in  behalf 
of  Eddyville  against  Kuttawa  and  appellant's  violation  of  such  rules 
and  quarantine.  The  answer  admitted  the  closing  and  fumigation 
of  appellant's  millinery  store  by  appellees,  but  averred  that  it  was 


HEALTH  LAWS  OF  KENTUCKY  245 

necessary  and  was  done  by  reason  of  appellant's  having  brought  to 
the  store  her  son  from  Kuttawa.  the  infected  city,  in  violation  of  the 
rules  and  quarantine  regulations  adopted  and  published  by  the  board 
of    health;    that    she    placed    in    her    store    the    cast-oft'    ciotiung 
worn    by    her  son    from    Kuttawa,    and    thereby   further   violated 
th.'    regulations   established   by   the   board   of  health;   and  upon 
by     an     order    and     written    notice     from     the 
heal  tli     to     close     the     store,     and     go     herself     to 
her  son  in  Kuttawa,  or  1"-  quarantined  in  some  isolated  place  in  Ed- 
dyviile  thirty  days,  she  elected  to  go  to  Kuttawa,  and  did  so,  but 
refused  to  close  the  store;  that  the  store  was  thereupon  closed  and 
properly  disinfected  by  order  of  the  board  of  health,  and  at  the  end 
of  four  days,  whieh  was  the  time  required  to  complete  the  fumiga- 
tion !  inn,  the  key  to  the  store  was  delivered  to  appellant's 
agent.  to  whom  permission  v.  o  to  reopen  the  store  for  business 
hut  that  appellant  would  not  permit  her  agent  to  reopen  the  store, 
and  kept  it  closed  for  a  month  or  more.    The  answer  denied  the  in- 
juries to  appellant's  goods  alleged  in  the  petition  and  also  the  dam- 
«  claimed             illeged  that   it'  any  injury  was  done  them  at  all, 
used  solely  by  the  act  of  appellant  in  keeping 
the  store  closed,  and  that   the  county  board  ii   in  the  matter 
Lant's  isolatio                urn  to  Kuttawa  and  in  clos- 
acted  within  their  power  in 
e  of  a  go                      duty,  and  without  malice.     The 
tiled    a    separate                 .    in    which    he   adopted    the 
rials  and  averments  of  the  answer  of  the  appellees  composing  the 
and,  in  ad'              et  out  his  election  and 
n  county,  and  alleged  his  ae.s  complain- 
appellant  were  done  in  the  discharge  of  his  official  duties  as 
OOd  faith,  with  due  regard  to  her  rights  and  by  order  of 

the  «  l  of  health,  whieh  he  was  Legally  bound  to  obey.    The 

I  leted  by  the  filing  of  replies  which  controverted  all 

affin  wen.     The  trial  resulted  in  a  verdict  for 

(turned  in  obedience  to  a  peremptory  in- 

rart.    Appellant  filed  motion  and  grounds  for  a 

.  trial,  whieh  wa  d,  hence  Briefly  stated,  the 

by  the  evident  e  were  that  in  the  latter  part  of  March, 

early  in  April,  1909,  smallpox  suddenly  broke  out  in  the  town  of 

Kuttawa.     Though  not  of  a  virulent  >ype,  it  quickly  became  epidemic 


246  HEALTH  LAWS  OF  KENTUCKY 

At  least  75  residents  of  the  town  became  infected  with  it,  and  per- 
haps 90  per  cent  of  the  population,  owing  to  erroneous  diagnosis 
of  the  earlier  cases  and  lax  enforcement  of  quarantine  measures,  had 
been  exposed  to  infection.  Kuttawa  had  a  population  of  1,200  and 
Eddyviiie  a  population  of  1,400.  Eddyville  is  the  county  seat  of 
Lyon  county,  and  the  place  of  location  of  one  of  the  penitentiaries 
of  the  state  m  which  800  convicts  are  confined.  The  alarming  situa- 
tion caused  quick  and  energetic  action  on  the  part  of  the  county 
board  of  health,  which  had  thoroughly  organized  on  February  1, 
1909,  and  adopted  the  rules  of  the  State  Board  of  Health,  and  these 
rules  the  law  makes  it  the  duty  of  the  county  board  to  enforce.  On 
April  14,  1909,  the  county  board  of  health  had  a  meeting  at  Kuttawa. 
At  that  meeting  a  general  vaccination  was  ordered,  and  every  in- 
fected house  in  the  town  directed  to  be  placarded.  The  situation 
continuing  serious,  another  meeting  was  held  by  the  board  at  Kut- 
tawa, April  27th,  and  an  order  was  then  made  compelling  the  removal 
and  isolation  of  all  infected  persons,  and  directing  that  all  who  had 
been  exposed  to  the  disease  should  be  forced  to  stay  inside  their  prem- 
ises and  away  from  contact  with  the  public  until  given  leave  by  an 
official  health  certificate.  For  the  purpose  of  enforcing  these  orders, 
a  patrol  officer  was  appointed  for  the  town,  and  each  family  supplied 
with  printed  copy  of  the  regulations.  There  still  being  no  apparent 
abatement  of  the  epidemic  in  Kuttawa,  and  the  danger  of  the  dis- 
ease reaching  Eddyviiie  becoming  more  imminent,  the  board  of 
health  held  a  meeting  in  the  latter  town  on  April  30th,  and  made  and 
published  an  order  putting  into  effect  there  the  rules  and  regulations 
of  the  Stale  Board  of  Health  for  the  suppression  of  contagious  dis- 
eases, and  at  the  'same  time  established  strict  quarantine  against 
Kuttawa  in  behalf  of  Eddyviiie,  prohibiting  all  passing  and  repass- 
ing of  persons  from  one  town  to  the  other,  and  establishing  guards 
in  Eddyviiie  at  the  river  front  and  depot.  At  this  juncture,  appel- 
lant, who  lived  in  Kuttawa,  but  owned  and  was  conducting  a  milli- 
nery store  in  Eddyviiie,  had  her  husband  to  bring  their  little  son  from 
Kuttawa  to  Eddyviiie.  She  met  the  child  at  the  depot  in  a  hack,  and 
took  him  with  her  to  her  store,  where  she  removed  the  clothing  he  had 
on  and  laid  it  array  in  the  -tore,  put  other  clothing  on  him  and  kept 
him  with  her  that  night  in  a  room  she  was  occupying  over  the  store. 
It  was  apparent  from  the  evidence  that  she  concealed  the  child  in  the 
hack  in  taking  him  from  [lie  depot  to  her  store,  for  the  quarantine 


HEALTH  LAWS  OF  KENTUCKY  847 

ird  at  the  depot  saw  her  drive  away  in  the  hack  and  did  not  see 
the  child,  and  the  driver  of  the  hack  testified  that  she  secreted  him 
by  making  him  get  on  the  floor  of  the  hack  at  her  feet.     A  day  or 
two  before  the  arrival  of  the  child,  appellant  had  been  refused  per- 
mission by  the  health  authorities  to  have  the  child  sent  to  her  at  Ed- 
dyville.    Jt  also  appeared  from  tlie  evidence  that  in  a  house  on  the 
I  near  the  one  in  which  the  child  lived  in  Kuttawa. 
some  of  the  children  of  his  ancle  had  smallpox.  The  bringing  of  ap- 
pellant \s  child  to  Eddyville  and  the  circumstances  attending  the  act 
re  made  known  to  the  board  of  health  on  the  morning  follow 
arrival.  L1  -  at  once  held  a  meeting  at  which  the  follow- 

ing resolution  or  order  was  adopted:  "The  quarantine  being  violat- 
ed by  Mrs.  C.  L.  Allison,  the  foil  motion  was  made 
adopted:  T!i  C.  1>.  Allison's  place  of  business 
in  Bddyvil  to  re- 
turn    to     Kuttawa     ai      once,     or     be     isolated     f<»r  thirl 

:  her  house  and  good-  I  d  she  be  permitted  to  secure 

aeone  i«>  urge  of  her  business  they 

have  n<-'  is  Kuttawa.  or  some  other  infect  within  the 

>f  the  board  was 
'nee  served  on  apelh  riff  Cash,  who,  after  its 

■     tnr   mi''  ion    which   was    prop 

comply  a  health  offi<  I  lane*  with   | 

nla^ions  of  tl  to  her  home 

in  B  ii  her  child  and  she 

1  with  i  d  for  (hat  purpi 

that  she  was  made  to  walk  at 
subjected  her  to  discom- 
fort ent  from  the  evidence  that  carried  to  the 

home,  and  that  the 
carriage  c<  I   further  without   vi<  Hie  qunran- 

>ns  in  force  m  Kuttawa. 
[t  ia  oinplaii'  as  kept  closed  by  order 

I    four  v  nd  her  Stock  of 

tically  d  •  that  means  and  the  disinfection 

hem.     The  weight  of  the  evidence  conduced  to  prove  that 

the  process  of  fumigation  r  I  four  days,  and  that  at  the  end 

of  that  time  the  key  to  th-  was  offered  to  hrr  agent,  Mrs. 

James,  who  was  inforv  the  health  officers  that  she  might 


248  HEALTH  LAWS  OF  KENTUCKY 

open  the  store  and  resume  business  for  appellant,  but  that  the' 
latter  after  a  talk  over  the  telephone  with  appellant  declined  to 
reopen  the  store  because  appellant  directed  her  not  to  do  so,  and 
informed  her  that  it  was  her  purpose  to  bring  suit  for  the  closing 
of  the  store : 

(1)  Appellant  in  giving  her  testimony  admitted  that  Mrs. 
James  had  been  made  her  agent,  but  said  she  later  withdrew  the 
authority  given  the  latter  to  act  for  her  in  receiving  the  store  and 
resuming  business  therein,  but  Mrs.  James  testified  that  she  did 
engage  her  to  take  charge  of  the  store.  It  is  true  that  an  agency 
cannot  be  established  by  the  declarations  of  the  agent  alone,  but 
in  this  instance  the  agent  is  supported  and  the  agency  otherwise 
established  by  the  testimony  of  Miss  Helen  Evans,  who  said  she 
*vas  in  the  store  when  appellant  left,  and  that  the  latter  then  said 
Mrs.  James,  who  was  a  milliner  of  broad  experience,  would  have 
charge  of  her  goods  after  the  fumigation  and  proceed  with  the 
business.  Considered  as  a  whole,  the  evidence  on  this  point  shows 
that  Mrs.  James'  agency  was  not  revoked  until  after  the  tender  of 
the  return  of  the  store. 

Appellant's  chief  complaint,  however,  is  as  to  the,  injury  to 
her  goods  and  the  consequent  alleged  loss  resulting  to  her.  The 
evidence  introduced  in  her  behalf  shows  considerable  injury  to  her 
goods  and  some  of  it  fixes  the  damages  as  high  as  $1,000  or  more, 
while  that  of  appellees'  witnesses  tends  to  prove  that  $250  or  $300 
would  fairly  cover  the  original  value  of  the  goods,  and  more  than 
cover  the  loss  she  sustained.  Considering  the  evidence  as  a  whole 
we  think  $500  would  fully  cover  the  original  value  of  the  goods  and 
half  that  sum  the  injury  to  them,  but  it  is  not  apparent  to  us  that 
appellees  are  responsible  for  the  injury  to  the  goods.  It  was  caused 
by  her  conduct  in  refusing  to  permit  her  agent  to  open  the  store 
and  resume  business.  It  is  not  apparent  from  the  evidence  that 
the  fumigation  of  the  goods  caused  any  serious  injury  to  them,  but 
manifest  that  keeping  the  store  closed  after  the  goods  were  fumi- 
gated wrought  the  harm,  for  which  the  appellant  alone  was  re- 
sponsible. If,  however,  the  entire  injury  could  be  attributed  to  the 
fumigation  of  the  goods,  there  would  still  be  no  right  of  recovery, 
if,  as  contended  by  appellees,  the  conduct  of  appellant  in  violating 
the  regulations  of  the  board  of  health  made  the  fumigation  neces- 
sarv. 


HEALTH  LAWS  OF  KENTUCKY  249 

tinsel  for  appellant  earnestly  insists  that  the  county  board 
health  was  without  authority  to  close  appellant's  store,  even 
•  the  pur  Jting  it,  and  that  its  acts  in  closing  and 

fumigating  her  store  and  establishing  the  quarantine  were  unlaw- 
ful. [1  in  other  words,  that  a  board  of  health  in  this 
whether  state  or  county,  is  without  authority  to  establish 
quarantine  except  in  a  county  bordering  on  the  Ohio  or  Mississippi 
rive  separating  Kentucky  from  the  states  01 
Wesl  Virginia  or  Tennessee.  We  cannot  concur  in  this  conclusion. 
Both  the  state  and  county  board  of  health  are  invested  by  law 
with  broad  powers  for  the  protection  and  safety  of  the  public 
health. 

(2)  The  whole  of  chapter  63,  Kentucky  Statutes  (Russell's  St., 

is  devoted   to  die  subject  of  boards  of   health. 

their  powers  and  duties,  and  in  all  questions  affecting  the  public 

iallv  in  a  situation  so  immediately  menai  tag  to  the  health 

anting  the  board  of 
ne  laws  from  which  they  derive  their  powers 

.id  1  e  lib*  rally  «  oustrned  that  lay  not  be  needlessly  restrict- 

ed in  their  i  e  public  health;  otherwise  the  health 

offieers  would  be  unable  to  know  their  duties  and  so  embarrassed  in 

their  performance  as  to  act,  until  irreparable  injury  has 

i  to  the  public 

(3)  This  i  !  not  depend   upon   whether  the  Lyon  county 
:'  health    :  Midi  quarantine  for  the 

Eddyville  .1.  althougb   in  our  opinion  such 

is  Impliedly  if  n  isly  conferred  by  section  2055,  Ken- 

tuckyStatuI  ion  1743.)  Hnss-H's  St.),  which  makes  it  the  duty 

of  the  conn:  nate  and  execute  and  to  require  the 

beads     of     families     iind     other     persons     to    execute     such     san- 
itary   regulal  the    local    board    may    consider    expedi- 
te    prevent      the     outbreak     of     and     spread     of     cholera, 
smallpox,    yellow  scarlet     fever,     diphtheria     and     other 
lemic    and    communicable    dise  ad    to    this    end    may 
bring    the    i]                 population    under    prompt    and    proper    treat- 
ment during  the  premonitory  or  other  stages  of  the  disease,  and  they 
owered  to  go  upon  and  inspect  any  premises  which  they  may 

believe  are   in  an  unclean  or  infectious  condition,  and   they  shall   be 
empowered  to  fix  and  dotormine  the  location  of  an  eruptive  hospital 


250  HEALTH  LAWS  OF  KENTUCKY 

for  the  county  sufficiently  remote  from  human  habitation  and  public- 
highways  as  in  its  judgment  is  safe,  and  said  boards  are  authorized 
and  shall  have  power  to  enforce  the  rules  and  regulations  adopted 
h>  the  {State  Board  of  Health,  and  any  person  who  shall  fail  or  re- 
fuse, after  written  notice  from  the  local  board  or  state  board,  to  ob 
serve  or  obey  the  written  request  shall  be  fined  not  less  than  $10.00 
nor  more  than  $100.00  for  each  day  he  so  fails  or  neglects.  .  .  . " 
But,  while  the  powers  enumerated  in  section  2055  seem  sufficient  to 
authorize  a  county  board  of  health  to  establish  and  maintain  quar- 
antine in  behalf  of  one  city  or  county  against  another  city  or  county 
within  the  state,  such  power  cannot  be  exercised  by  a  county  board 
or  the  state  board,  as  against  another  state  or  county  thereof,  without 
express  legislative  authority  specifying  the  conditions  and  limitations 
upon  which  such  quarantine  shall  be  maintained.  In  the  absence  of 
such  legislative  authority,  the  enforcement  of  quarantine  regulations 
by  one  state  against  another  would  violate  the  comity  that  should 
exist  between  them  and  perhaps  constitute  an  interference  with  in- 
terstate commerce.  Hence  section  2056  (section  1766)  of  the  statutes, 
supra,  confers  upon  the  state  and  county  boards  of  health  authority 
to  establish  and  maintain  quarantine  in  the  counties  bordering  on 
the  Ohio  and  Mississippi  rivers  which  separate  Kentucky  from  many 
states,  and  in  counties  on  the  state  line  separating  Kentucky  from 
the  statec  of  West  Virginia  and  Tennessee,  specifying  in  explicit 
terms  for  what  causes  and  in  what  manner  it  may  be  done. 

(4)  But  as  previously  intimated,  aside  from  the  question 
whether  the  Lyon  county  board  of  health  exceeded  its  powers  in  estab- 
lishing quarantine  against  the  town  of  Kuttawa,  it  clearly  had  under 
the  general  power  conferred  by  section  2055,  supra,  authority  to  com- 
pel the  closing  of  appellant's  store  for  disinfection  and  likewise  to 
quarantine  her,  either  by  requiring  her  to  return  to  her  home  in 
Kuttawa,  or  be  quarantined  at  some  isolated  place  in  Eddyville  for 
the  time  specified  in  the  notice,  as  the  bringing  of  her  son  to  the  lat- 
ter place  from  the  infected  town  of  Kuttawa  gave  her  an  opportunity 
to  become  infected  with  smallpox,  and  the  leaving  of  his  cast-off 
clothing  in  her  store  afforded  danger  of  infection  to  her  customers. 
In  having  her  son  taken  to  Eddyville,  placing  his  clothes  in  the  store, 
and  refusing  her  consent  to  the  temporary  closing  of  her  store  for 
disinfection,  appellant  violated  the  rules  and  regulations  established 


HEALTH  LAWS  OF  KENTUCKY  251 

i»\  the  county  board  of  health  and  put  in  force  in  Eddyviile  for  pre- 
venting smallpox  from  breaking  out  in  that  city.    In  thus  dealing 
with  appellant   and  her  property  appellees  uot  only  acted  in  pur- 
be  powei  by  the  section  of  the  statute,  supra, 

but  also  in  .  y  to  the  rules  and  regulations  of  the  State  Board 

of  B  appearing  in  the  bill  of  evidence,  which  rules,  as  before 

;  county  board  of  health  prior  to  the 
ring  of  appell  -re.  Amo  Is  rule  10,  so  much  of  which 

as  follows:  "And  in  all  cases  where 

llpox  of 

it  shall  i  ioard  of  health  under  whose 

jurisdiction  may  be  temporarily  or  permanently  residing, 

to  quarantine  for  twenty  days  Buch  ;  een  exposed 

or  suspected  of  I  t,  and  to  see  that  the 

revaeciuates  all  who  may  hav 

i    shall  be  the  imperative  duty  of  the  hoard  of 

health  to  enfor  •  <A'  said 

ply  with  tic  requirements  of  this  rule,  it  shall 

be  the  duty  of  the  »  ;  [ealth  to  assume 

rge,  and  either  in  or  by  bis  in-  •  oing 

rule.      .      . 

A   board  of  health   i  ■  ■  ernmenl 

oce  and  I  with  sn  will  enable 

it  to  pi.  the  state,  county  or 

community,  over  which  jurisdiction.    As  said  in  2]  Cyc. 

move  and  quarantine  ho  have 

atagion, 

in  express 

•i  the  general  power  t<>  |  the 

I  of  con- 
tagious .    .     Under  \  imilar  to  those  which  auth- 
orize the  establismenl  of  the  disinfection  no1  only  of  property  thai 
actually                                       ion.  hut  of  all  articles  liable  1<- 
convey   infectioi  impossible  to  ascertain  their 
history     or     the     place     from     which     they     originally     came. 
.    .    .     It    is    bo    defense    to    an    order    for    disinfection    thai 
ner     has     already     caused     the     property     to     he   dis- 
icount,    where    the    authorities  regard 

it     previous     disinfect  ion     AS     inadequate.  *'       [n     Hengehold     v. 


252  HEALTH  LAWS  OF  KENTUCKY 

City  of  Covington,  108  Ky.  752,  57  S.  W.  495,  22  Ky.  Law  Rep.  462, 
this  court  held  that  the  legislature,  in  the  exercise  of  the  police  power, 
may  create  boards  of  health,  and  invest  them  with  the  powers  neces- 
sary and  proper  to  prevent  the  spread  of  disease,  and  may  confer 
upon  cities  authority  to  make  regulations  for  the  health  of  their  com- 
munities ;  that  under  Kentucky  Statutes,  section  3058  (Russell's  Stat- 
ute, section  1042)  part  of  the  charter  of  cities  of  the  second  class, 
empowering  the  city  council  to  establish  and  enforce  quarantine  laws 
and  regulations  to  prevent  the  introduction  and  spread  of  contagious 
diseases,  the  council  may  by  ordinance  make  reasonable  regulations  in 
addition  to  those  provided  by  the  general  law  establishing  local  boards 
of  health  to  prevent  the  spread  of  epidemic  diseases,  and  therefore 
an  ordinance  providing  for  the  removal  of  smallpox  patients  to  the 
pesthouse  upon  the  order  of  less  than  a  quorum  of  the  city  board  of 
health,  or  upon  the  order  of  the  health  officer,  is  valid,  though  the 
general  law  confers  such  power  only  upon  the  board.  In  Twyman's 
Admr.  v.  Board  of  Council  of  Frankfort,  117  Ky.  518,  78  S.  W.  446, 
64  L.  R.  A.  572,  25  Ky.  Law  Rep.  1620,  the  city  was  sued  for  dam- 
ages for  the  death  of  an  intestate  caused,  as  alleged,  by  the  negligence 
of  its  police  in  wrongfully  removing  him  in  inclement  weather,  while 
afflicted  with  smallpox,  to  the  pesthouse  provided  for  such  patients. 
We  held,  however,  that  the  city  was  not  liable,  as  the  acts  complained 
of  were  done  to  protect  the  public  health  and  therefore  in  the  per- 
formance of  a  duty  wThich  the  municipality  owed  the  public,  the  do- 
ing of  which  was  but  the  exercise  of  power  purely  governmental.  15 
Am.  &  Eng.  Ency.  of  Law  1141. 

(6)  The  acts  of  appellees  complained  of  in  the  case  at  bar  did 
not,  according  to  the  proof,  constitute  in  the  meaning  of  the  Constitu- 
tion or  laws  of  the  state  the  taking  of  private  property  for  public 
use ;  nor  did  they  result  in  such  an  injury  to  or  destruction  of  appel- 
lant !s  property  as  authorized  a  recovery.  So  we  need  not  say  what 
her  remedy  would  be  in  either  state  of  case.  Fairly  viewing  the  evi- 
dence, the  acts  of  appellees  in  closing  appellant's  store,  disinfecting 
her  goods  and  in  requiring  her  to  elect  whether  she  would  tempor 
arily  return  to  her  home  in  Kuttawa  or  be  for  a  stated  time  quaran- 
tined in  an  isola+ed  place  in  Eddyville  were  reasonable  and  lawful 
measures  adopted  by  them  as  members  of  the  county  board  of  health 
for  the  suppression  of  an  extraordinary  outbreak  of  smallpox,  and 
were  rendered  unavoidable  by  the  appellant's  conduct  in  violating  tho 


HEALTH  LAWS  OF  KENTUCKY  253 

regulations  established  by  appellees,  acting  as  members  of  the  Local 
board  of    health,  in  causing  her  child  to  be  carried  from  the  infected 
town  of  Kuttawa  to  Eddyville,  and  depositing  his  probably  infected 
D  her  store. 

Appellees  do  not,  in  justification  of  the  acts,  rely,  as  claimed  by 
appellant's  counsel,  upon  the  pr  of  the  statute  with  respect 

tc  quarantine  in  border  counties  against  foreign  states,  which  involve 

state  regulations,  but  upon  the  rules  and  regulations  put  into 
effect  by  the  State  Board  of  Health,  which  relates  to  the  internal 
welfare  of  the  state  and  which  they  had  the  right  to  enforce  for  the 
protection  of  the  health  of  the  inhal  of  the  city  of  Eddyville 

and  ry.     In   this  I   the  matter,   the  authorities 

relied  on  by  appellant's  counsel  have  little  bearing  on  the  < 

It   is  not  shown  by  the  evidence  that   appellees,  in  the  matl 
complained  of,  acted  arbitrarily,  maliciously,  with  gross  or  wilfull 
negligence,  or  in  wanton  di-regard  of  appellant's  rights;  but,  on  the 
contrary,  it  is  fairly  apparent  that  they  acted  in  good  faith  and  in 
the  performance  of  what  they  believed  to  be  their  official  dutj 

era  <»f  the  county  board  of  health.  (7)      Nor  is  there  any  evi 

CO  to  show  that  the  appellee  Cash's  connection  with  the  trans- 
actions in  <;  puts  his  in  a  light  different  from  that  of 
the  other  appellees.  As  sheriff  ed  the  orders  of  the 
local  board  of  health  in  dosing  appellanl  This  he  was  hound 
to  do;  and  i  rs  from  I  to  warrant  the  con 
ion  that  he  did  not  act  in  good  faith.,  or  that  he  was  less  consid- 
erate of  the  rights  of  appellant  than  and  relation  to  the  trans- 
ns  involved  demandi 

(8)     It  seems  to  be  t  a  healti  who  by  stat- 

is  authorised  to  take  action  for  the  prevention  of  the  spread 

of  disease  is  not  liable  for  in.'p;  rom  such   reasonable 

and  od  faith  adopt  o  for 

thai  or  matters  subject  •<>  his  juris- 

tion    21  ('ye.   ?<  v.  Preble,  64  Mte,  120;  Whidden  v 

69  X.  II.  142,  11  Atl.  908,  76  Am.  St  Rep.  L54. 

mably  apparent  from  the  evidence  that  whatever 

appellant  sustained  disinfection  of  her 

I  by  her  j  to  obey  the  regulation}! 

of  the  county  board  of  health  for  the  prevention  of  an  outbreak  of 


L>54  HEALTH  LAWS  OP  KENTUCKY 

smallpox  in  Eddyville,  and  in  refusing  to  permit  her  agent  to  reopen 
her  store  and  resume  business  after  the  disinfection  of  her  goods  was 
effected,  the  trial  court  did  not  err  in  peremptorily  instructing  the 
jury  to  find  for  appellees. 

Wherefore,  the  judgment  is  affirmed. 


Breckinridge  County  v.  McDonald,  et  al. — Decided  September  19, 
1913 — Appeal  from  Breckinridge  Circuit  Court. 
Opinion  of  the  Court  by  Judge  Miller. 
Early  in  March,  1912,  smallpox  became  epidemic  in  certain  por- 
tions of  Breckinridge  county.  It  was  confined  principally  to  Clover- 
port,  Irvington,  Tar  Fork  and  Balltown.  On  March  7,  1912,  the 
Breckinridge  County  Board  of  Health  met  for  the  purpose  of  con- 
sidering the  smallpox  situation,  and  to  take  steps  to  control  it.  The 
State  Board  of  Health  sent  its  representative,  Dr.  W.  L.  Heizer,  to 
examine  and  report  upon  the  situation,  and  he  suggested  a  definite 
program  of  procedure  to  control  the  epidemic  and  prevent  the  further 
spread  of  the  disease.  Dr.  John  E.  Kincheloe  was  the  County  Health 
Officer,  and  upon  his  recommendation  Dr.  E.  C.  McDonald,  the  ap- 
pellee in  this  action,  a  practicing  physician  at  Cloverport,  was  em- 
ployed by  the  County  Board  of  Health  to  carry  out  the  recommenda- 
rions  included  id  the  report  of  Dr.  Heizer  to  the  State  Board  of 
Health.  Dr.  Kincheloe  was  a  practicing  physician  at  Hardinsburg, 
the  county  seat,  while  Cloverport  was  eleven  miles  distant,  and  Irv- 
ington and  Tar  Fork  were  likewise  located  at  points  distant  from 
Hardinsburg.  Dr.  McDonald  took  charge  of  the  work  and  carried  it 
out  successfully.  He  presented  his  bill  to  the  Fiscal  Court  for  fifty- 
four  days'  service  at  $10  per  (Jay,  aggregating  $540,  which  the  court 
allowed.  Upon  appeal  by  the  county  to  the  circuit  court,  a  retrial 
was  had  and  Dr.  McDonald  again  recovered  a  judgment  for  $540. 
From  that  judgment  the  county  prosecutes  this  appeal. 

The  circuit  court  made  the  following  findings  of  law  and  fact: 
•' '  The  court  finds  as  a  matter  of  law  that  it  was  not  the  duty  of 
the  Health  Officer  of  Breckinridge  county  to  administer  treatment 
to  the  indigent  patients  suffering  from  contagious  diseases,  but,  that 
it  was  his  duty  under  the  statute  to  take  general  superintendence  of 
all  contagious  diseases  and  institute  quarantines  and  fumigate  prem- 
ises.   The  court  does  not  think,  however,  that  any  person  suffering 


HEALTH   LAWS  OF  KENTUCKY 

with  a  contagious  disease  becomes,  as  a  matter  of  law,  the  patient 
of  the  Health  Officer,  but  that  the  County  Board  of  Health  had  power 

under  the  law  to  employ,  and  did  employ,  another  physician  to  ad- 
minister  treatment  to  indigent  patients. 

"The  court  finds  as  a  matter  of  fact  that  the  account  sued  on 

by  the  county,  allowed  by  the  Fiscal  Court  to  Dr.  McDonald,  was  for 

his  services  when  acting  in  the  character  ol  physician  to  indigent 

pati<  ith  smallpox,  and  that  the  amount  of  his  charges 

easonable. 

The  proof  supports  the  finding  of  factj  indeed,  the  appellant 
docs  not  deny  that  the  were  rendered,  or  thai  the  charges 

therefor  were  reasonable. 

Preliminary  to  a  consideration  of  the  case  upon  its  merits,  we 
will  dispose  of  a  question  of  practice  which  has  been  urged  upon  us 
in  the  brief  for  appellant. 

1.    The  order  of  the  V\~  irl  which  allowed  Dr.  McDonald's 

claim   Wl  ■uket"  order  allowing  the  claims  of 

tham,  to  sop;)  to  Dr. 
McDonald.    The 

■  ilpox  claims  were  presented  to  the  court,  and 
Was  moved   and  Seconded    that   all   claims 

that  I  and  '0.  ltd.'  by  ti  th  Officer  in 

said  motion  carried  and  was 

■  ile-  ord<  art,  which  claims  were  as  follows,  to-wit : 

"l.    Claim  ol  J,  D.  Iiabbage  for  public  printing;  al- 
lowed $21.00" 
ben    followed    fori                                        for   different    amounts.) 

se  claims  allowed  by  the  Fiscal  Courl  amounted  to 
re  than  -  ;  hut.  in  prosecuting  ppeaj  the  county  at- 

filed  on,  ,  al  Court,  and  caused  a 

•  of  the  claimants  whose  claims 

>,    Upon  motion,  the  cir<  nit  judge  <li  he  appeal 

i  and  Less,  upon  the  ground  that  the  circuit  court 

had  no  jurisdiction  thereof;  and,  upon  the  motion  of  the  remaining 

claimants,  th.-  circuit  judge  required  the  county  to  elect  which  of 
!  claims  embraced  in  irder  it  would  try  u]  appeal, 

whereupon  the  county  elected  to  prosecute  its  appeal  from  the  allow 
anci  Donald's  claim.    Thereupon  the  circuit  judge  dismissed 

without  prejudi  ippeals  from  the  judgment  allowing  all  the 


256  HEALTH  LAWS  OF  KENTUCKY 

other  claims;  and  to  that  order  the  county  excepted  and  prayed  an 
appeal  to  this  court.  That  order  was  made  on  the  16th  day  of  the 
term — the  date  of  the  order  not  being  shown  by  the  record.  The  ap- 
peal, however,  is  not  prosecuted  from  the  order  just  mentioned,  but 
from  the  subsequent  judgment  entered  on  the  22nd  day  of  October, 
1912,  which  passed  upon  the  merits  of  Dr.  McDonald's  claim.  The 
two  orders  are  entirely  separate  and  distinct,  and  have  no  relation  to 
each  other:  the  first  order  above  referred  to  being  found  on  page  6 
of  the  record,  while  the  final  judgment  appealed  from  as  shown  by 
the  statement  required  by  section  739  of  the  Code  of  Practice  is  found 
on  page  10  of  the  record.  No  appeal  having  been  prosecuted  from 
the  order  of  the  circuit  judge  dismissing  the  appeals  and  requiring 
the  county  to  elect  as  to  which  appeal  it  would  prosecute,  that  order 
is  not  before  us  and  cannot  be  considered. 

Moreover,  as  those  claimants  are  not  named  as  appellees  in  the 
statement  of  appeal  required  by  section  739,  they  are  not  before  the 
court  upon  this  appeal.  Brodie  v.  Parsons,  23  Ky.  L.  E.,  823,  64  S. 
W.,  426,  and  the  cases  there  cited. 

2.  Section  2055  of  the  Kentucky  Statutes  provides,  in  part,  as 
follows : 

' '  The  local  board  shall  appoint  a  competent  practicing  physician 
who  shall  be  the  health  officer  of  the  county  and  secretary  of  the 
board,  whose  duties  shall  be  to  see  that  the  rules  and  regulations 
provided  for  in  this  act,  and  the  rules  and  regulations  of  the  State 
Board  of  Health  are  enforced,  and  who  shall  hold  his  office  at  the 
pleasure  of  said  board,  and  he  shall  receive  a  salary,  the  amount  of 
which  to  be  fixed  by  the  fiscal  court  at  the  time,  or  immediately  after 
his  election.  In  no  state  of  case  shall  said  health  officer  claim  or  re- 
ceive from  the  county  any  compensation  for  his  services  other  than 
the  salary  fixed  by  the  fiscal  court." 

By  a  proper  resolution  the  County  Board  of  Health  had  fixed 
the  annual  salary  of  Dr.  Kincheloe,  as  County  Health  Officer  and 
►Secretary  of  the  Board,  at  $75. 

The  county  defends  upon  the  theory  that  McDonald  was  em- 
ployed by  the  County  Board  of  Health  to  take  general  charge  of  the 
smallpox  epidemic  and  that  the  services  rendered  by  him  constituted 
the  same  service  that  was  incumbent  upon  Dr.  Kincheloe,  as  the  regu- 
larly elected  Health  Officer;  that  it  was  Dr.  Kincheloe 's  duty  to  take 
personal  charge  of  the  smallpox  epidemic  at  Cloverport,  Irvington, 


HEALTH   LAWS  OP  KENTUCKY  257 

Tar  Fork  ami  Balltown,  and  that  neither  the  County  Board  of  Health 
nor  the  Fiscal  Court  had  the  right  to  employ  or  pay  a  substitute  to 
do  the  work  of  the  County  Health  Officer.     It  will  be  noticed  that 
the  circuit  judge  in  his  findings  of  fact,  concludes  that  it  was  not 
the  duty  of  the  County  Health  Officer  to  administer  treatment  to 
patients  suffering  with  contagious  diseases,  but  that  it  was  his  duty. 
only,  under  the  statute,  to  take  general  superintendence  of  all  con- 
.  ami  to  institute  quarantine,  and  fumigate  premises; 
and  that  the  County  Board  of  Health  had  power,  under  the  law,  to 
employ  another  physician  to  personally  administer  the  treatment  to 
patients.     The  proof  further  shows  that  by  reason  of  the  character 
od  the  Location  of  the  patients  at  Long  distances  from 
dinsburg,  and  from  each  other,  it  was  impossible  for  the  County 
lth  Officer  to  give  them  the  requisite  personal  attention  without 
odoning  Ins  home  and  practice.    Some  of  these  patients  were  lo- 
far  as  seventeen  miles  or  more  from  Hardinsburg.    Dr.  Kin- 
eheloe  not  only  consulted  daily  with  Dr.  McDonald  by  telephone,  bat 
he  made  three  visits  to  I  >rt  by  way  of  supervision,  spending 

the  entire  d  on  each  visit.    Dr,  McDonald  was  employed  by 

the  Board  of  Health  at  its  meeting  on  March  2,  1912,  bnt  the  min- 
ute of  that  meeting  is  missing.  Shortly  thereafter,  the  guards  em- 
ployed by  the  Health  Officer  for  the  purpose  of  maintaining  the 
irantine,  having  threatened  to  quit  work  because  they  feared  they 
would  not  get  their  pay.  the  Fiscal  Court  entered  the  following  order 
OH  April  2,  1912: 

"On  motion  of  Justice  Gh  X.  0  .eonded  by  B.  A.  Whit- 

tenbill,  thai  guards  be  employed  by  the  Bealth  Officer  at  a  Bum 

not  to  exceed  $2  per  day,  and  anything  else  to  stop  the  spread  of 

rried,  and  is  mad.'  the  order  of  this  court." 

Following  thai  order  the  County  Board  of  Eeath  entered  an 

•  on  April  12,  1912,  which  reads,  IB  part,  as  follows: 

A  eting  of  the  Breckinridge  Comity  Board  of 

Bealth  called  to  consider  the  epidemic  of  smallpox  a1  I  Jloverport,  and 

vicinity,  and  in  other  parts  of  the  county,  it  is  hereby  ordered  that 

recommendations  as  included  in  the  report  of  Dr.  W.  L.  Heizer 

to  th  s  State  Board  of  Health  I oforced,  and  thai  E.  C.  McDonald, 

at  C  i  as  Deputy  Bealth  Officer  to  carry  out 

the  said  recommendations  at  Cloverport  and  vicinity  as  follows: 

pecific  instruction-  as  to  his  duth 
H    h.~  9 


258  HEALTH  LAWS  OF  KENTUCKY 

Under  these  assurances  the  guards  remained  at  their  posts 
until  the  epidemic  was  finally  stamped  out. 

It  is  contended  by  appellant  that  the  order  of  the  Board  of 
Health  above  quoted,  shows  that  McDonald  acted  as  deputy  in  the 
place  of  Kincheloe,  the  regular  Health  Officer,  whose  duty  it  was 
to  attend  to  these  matters  in  person.  The  wording  of  the  order, 
however,  is  not  material  under  the  facts,  and  in  no  way  changes 
the  real  relation  of  Dr.  McDonald  to  the  County  Health  Officer; 
and,  although  McDonald  was  styled  a  Deputy  Health  Officer  at 
Cloverport,  he  was  no  more  than  an  employe  at  Coverport,  because 
the  regular  Health  Officer  could  not,  by  reason  of  the  circumstances 
above  pointed  out,  give  his  personal  attention  to  the  epidemic  at 
that  point. 

The  whole  question,  therefore,  resolves  itself  into  this  propo- 
sition: Can  the  County  Board  of  Health  employ  agents  or  assist- 
ants for  the  Health  Officer  for  the  purpose  of  eradicating  an 
epidemic  at  a  distant  point  in  the  county,  where  the  circumstances 
of  location  and  the  nature  of  the  disease  are  such  that  the  county 
Health  Officer  could  not  be  expected  to  give  his  personal  attention 
thereto  in  the  ordinary  course  of  business?  We 'think  there  can  be 
no  doubt  of  the  right  of  the  board  to  so  contract. 

Appellant  relies  upon  Hickman  v.  McMorris,  149  Ky.,  1,  as 
denying  that  right.  A  careful  reading  of  the  opinion  in  that  case 
shows,  however,  that  it  is  not  at  all  controlling  in  this  case.  Inj 
the  McMorris  case,  the  County  Board  of  Health  had  regularly  ap- 
pointed Dr.  Scarborough  as  Health  Officer,  and  he  having  declined, 
to  discharge  the  duties  of  his  office,  the  County  Board  of  Health 
employed  Dr.  McMorris  to  perform  the  same  duties,  supervisory  or 
otherwise,  that  the  law  imposed  upon  Dr.  Scarborough,  and  thus 
placed  the  county  in  the  attitude  of  paying  two  men  for  precisely 
the  same  services.  Under  that  state  of  case  this  court  properly 
held  that  there  could  be  but  one  County  Health  Officer :  it  did  not 
hold  that  the  board  could  not  employ  the  necessary  assistants  to 
enable  the  board  and  its  Health  Officer  to  protect  the  public  health 
in  times  of  epidemic.  The  contention  of  appellant,  if  sustained, 
would  forbid  the  Board  of  Health  from  employing  but  one  physician 
in  any  case,  and  regardless  of  the  necessities  of  the  case  or  the 
amount  of  work  to  be  done.  In  this  instance  Dr.  McDonald,  at 
one  time,  had  as  many  as  thirty-six  cases  in  his  locality  which  re- 


HEALTH  LAWS  OF  KENTUCKY  259 

quired  his  daily  personal  attention.  It  was  impossible  for  Dr. 
Kincheloe  to  do  this  work,  and  supervise  the  general  health  affairs 
of  the  county  at  the  same  time;  and  we  do  not  believe  the  statute 
contemplated  that  he  should  have  done  so. 

The  clause  of  section  2055  of  the  Kentucky  Statutes  above 
quoted  prescribes  that  the  duties  of  the  County  Health  Officer 
"shall  be  to  see  that  the  rules  and  regulations  provided  for  in  this 
act,  and  the  rules  and  regulations  of  the  State  Board  of  Health 
be  enforced."  The  record  shows  that  Dr.  Heizer,  acting  for  the 
State  Board  of  Health,  was  on  the  ground  and  had  made  certain 
recommendations,  and  that  McDonald  was  employed  to  carry  out 
those  recommendations.  In  requiring  the  County  Health  Officer 
"to  see  that  the  prescribed  rules  and  regulations  are  enforced  " 
does  not  necessarily  contemplate  that  he  shall  personally  do  the 
work.  On  the  contrary,  it  contemplates  rather  a  medical  super- 
vise ice  over  the  employe*  assistants  of  the  board. 

It  was  n  held  in  Trabue  v.  Todd  county,  125  Ky.,  B13,  where 
this  court  said : 

"The  Health  Officer  is  the  executive  officer  of  the  local  board. 
Be  acts  for  it  to  execute  its  lawful  demands  in  such  matter.    His 
thai  of  oversight  and  direction,  more  than  personal  execu- 
tion. 

In  speaking  of  the  nature  and  functions  of  the  County  Board 
of  Health,  in  City  of  Bardstown  v.  Kelson  county,  25  Ky.  L.  R., 

'.  7-  S.  \\\.  169,  the  court  said: 

"The  county  boards  of  health  are  county  officials  having 
ties  to  perform  toward  the  public  within  their  counties;  their 
compensation  is  required  to  be  fixed  and  paid  through  the  fiscal 
courts  of  tin'  counties.  It  was  competent  for  the  legislature  to 
create  these  governmental  agencies,  and  to  impose  upon  them  the 
discharge  of  certain  duties  to  the  state  and  counties.  If  the  leg- 
islatnre  ices  proper  to  have  the  police  laws  of  the  state  looking 
to  the  p  ition  of  the  health  of  the  public,  executed  by  a  body) 

officials  selected  and  chosen  with  reference  alone  to  their  fitness 

for  that  delicate  and  important  task,  instead  of  imposing  it  on  the 

.  or  town  councils,  it  is  clearly  within  their  power  to  do 

But  when  they  do  so,  the  county  board  becomes  an  auxiliary 
department  of  the  county  government.  The  express  authority  with 
which    they   are   clothed    by   statute   carries   with    it    every    implied 


260  HEALTH  LAWS  OF  KENTUCKY 

authority  necessary  to  execute  it.  As  they  could  not  execute  the 
statute  for  the  benefit  of  the  county,  without  incurring  a  liability 
to  pay  it,  and  as  no  other  means  are  provided,  it  follows  that  the 
liability  must  be  paid  by  the  county  as  its  other  obligations  are,  by 
money  derived  from  county  taxes,  levied  by  the  fiscal  court,  the 
only  tribunal  authorized  by  statute  for  levying  taxes." 

Walker  v.  County  of  Henderson,  23  Ky.  L.  Rep.,  1267,  65  S.  W., 
15,  is  directly  in  point.  In  that  case  Walker  had  been  employed 
by  the  County  Board  of  Health  to  take  charge  of  the  County  Pest- 
house  during  an  epidemic  of  smallpox,  and  his  admission  as  super- 
intendent of  the  Pesthouse  was  denied  him  by  the  committee  of 
the  Fiscal  Court.  Walker  sued  for  compensation  for  his  services 
pending  the  litigation  between  the  Fiscal  Court  and  the  County 
Board  of  Health  for  the  possession  of  the  pesthouse,  which  finally 
resulted  in  victory  for  the  County  Board  of  Health.  In  sustaining 
Walker's  claim,  the  court  said: 

"The  County  Board  had  authority  to  resume  charge  of  the 
epidemic  and  to  employ  physicians  for  the  treatment  of  patients 
confined  in  the  pesthouse.  This  necessarily  involved  the  power 
and  right  to  discharge  those  who  had  been  employed  by  the  Fiscal 
Court  during  the  interregnum;  and  it  was  the  duty  of  the  Fiscal 
Court  to  make  fair  and  reasonable  compensation  to  the  persons 
so  employed  whether  they  approved  their  employment  or  not.  The 
power  to  determine  what  physicians,  nurses,  guards  and  attend- 
ants are  necessary  is  left  to  the  discretion  of  the  Board  of  Health, 
but  the  power  to  fix  the  compensation  of  the  person  so  employed, 
like  the  compensation  of  the  County  Boards  themselves,  is  vested 
in  the  Fiscal  Court  of  the  county." 

From  these  abundant  authorities,  it  is  clear  that  the  ordinary 
duties  of  the  County  Health  Officer,  for  which  he  is  paid  a  yearly 
salary,  are  largely  executive  and  supervisory,  in  seeing  that  the 
rules  and  regulations  provided  by  law,  and  the  rules  and  regulations 
of  the  State  Board  of  Health,  are  enforced.  As  was  well  said  by 
the  chancellor,  it  is  his  duty  under  the  statute,  to  take  general 
superintendence  of  all  contagious  diseases,  and  to  institute  quaran- 
tine, fumigate  premises;  and  to  carry  out  these  general  purposes 
the  County  Board  of  Health  has  power,  under  the  law,  to  employ 
such  other  physicians,  and  nurses,  guards,  and  attendants  as  may 
be  necessary  to  administer  treatment  and  stamp  out  the  disease. 


HEALTH  LAWS  OF  KENTUCKY  261 

If  there  should  be  any  doubt  about  the  application  of  the  fore- 
going rule  as  a  general  proposition,  certainly  there  can  be  no  doubt 
of  its  application  in  this  case,  since  the  treatment  was  not  only 
widely  extended,  but  had  to  be  administered  at  points  distant 
from  the  county  seat  where  the  County  Health  Officer  resided. 
His  compensation  was  merely  nominal,  and  clearly  did  not  contem- 
plate that  he  Bhonld  render  the  extraordinary  Bervices  required  in 
this  e 

Judgment  affirmed. 


Calloway    Circuit    Court.    April    Term,   1919 — Commonwealth  v. 
George  TideweU — Appeal  from  Calloway  County  Court 

Opinion  of  the  Court  by  Judge  Bush. 

The  situation  here  has  attracted  attention  for  some  time.  It 
has  assumed  phases  of  an  unpleasant  nature,  and.  in  the  judgment 
of  the  court,  uselessly  so. 

I  approach  the  consideration  of  this  case  of  the  Commonwealth 
v.  S.  George  Tidwell  with  no  feeling  of  prejudice  either  way.  I  have 
no  personal  interest  in  it.  whatever,  more  than  any  other  citizen. 
All  the  concern  I  have  is  to  do  my  duty  as  I  see  it,  both  to  the  Com- 
monwealth and  to  the  defendant 

I  always  sympathize  more  or  less  with  any  person,  whatever 
may  be  his  station  in  life,  charged  with  the  violation  of  law,  and 
have  a  great  horror  of  doing  anyone  injustice.  It  is  said  that  there 
was  once  a  discussion  among  the  wise  men  of  Greece  as  to  what 
I  the  best  method  of  government,  and  Solon,  who  was  con- 
red  the  wisest  of  all,  was  called  on  for  his  opinion,  and  he  re- 
plied:  "That  method  ifl  the  best,  where  an  injury  to  the  humblest 
citizen,  was  an  insult  to  the  whole  constitution."  No  man  ever 
uttered  a  nobler  sentiment,  or  announced  a  more  precious  prin- 
ciple, OUtside  Of  inspiration   itself.  ♦ 

This  is  an  important  case,  although  involving  merely  a  mis- 
demeanor,  with  a  comparatively  small  penalty  attached.  The  parties 
had  a  right  to  a  jury  to  try  the  facts,  but  they  agreed  to  submit  it 
to  me  for  trial  and  judgment,  without  the  intervention  of  a  jury.  I 
was  perfectly  willing  to  take  the  responsibility,  and  determine  the 
matter  according  to  my  convictions  of  tight,  under  the  law  and  the 
•  imony. 


262  HEALTH  LAWS  OF  KENTUCKY 

I  have  to  say  in  the  outset  that  if  any  person's  religious  liber- 
ties are  abridged  in  any  way  by  the  order  of  the  Board  of  Health,  it 
would  not  be  countenanced  by  this  or  any  other  court  of  justice. 
If  any  person's  religious  convictions,  and  faith  or  doctrine,  is 
trampled  upon  or  in  any  way  assailed,  or  interfered  with  by  the 
action  of  this  Board  of  Health,  then  the  court  should  set  the  seal  of 
its  condemnation  upon  it,  and  I  will  not  hesitate  to  do  so,  if  I 
reach  that  conclusion.  I  yield  to  no  man  in  my  respect  and  rever- 
ence for  the  religion  of  Jesus  Christ  and  I  yield  to  no  person  in 
my  regard  for  the  rights  of  those  who,  in  accordance  with  the 
dictates  of  their  own  conscience,  and  in  their  own  way,  assemble 
to  worship  God.  To  secure  these  inalienable  i-ights  and  privileges, 
the  Constitution,  the  sacred  ark  of  our  political  covenant,  was 
framed.  The  chief  end  which  its  illustrious  framers  had  in  view, 
was  to  secure  the  blessings  of  civil  and  religious  liberty  to  them- 
selves and  posterity.  As  we  value  the  work  of  our  forefathers,  and 
honor  their  memory,  we  should  be  averse  to  every  semblance  of 
religious  persecution.  This  much  I  have  thought  proper  to  say  be- 
cause of  the  clamor  raised  on  account  of  the  action  of  the  Board 
of  Health,  by  making  an  order  prohibiting  people  from  assembling 
in  church  buildings,  and  especially  at  the  Baptist  church  in  Murray, 
during  the  prevalence  of  the  recent  epidemic  of  influenza.  The 
order  applied  to  all  the  churches,  and  while  it  was  in  force  the 
proof  shows  that  defendant,  Tidwell,  attended  prayer  meeting  at 
the  Baptist  church  in  January,  1919,  and  this  case  is  based  upon 
a  warrant,  that  was  issued  against  the  defendant  for  violating  that 
order. 

For  the  defense,  the  question  is  raised  that  the  order  of  the 
Board  of  Health,  though  authorized  by  the  statute  laws  of  the 
State,  in  the  discretion  of  the  Board  of  Health,  was  in  violation  of 
the  Constitution,  and  of  the  principles  of  religious  liberty  which  I 
have  announced;  Now  I  propose  to  briefly  consider  this  proposition. 

While  the  organic  law  of  this  land  prohibits  the  enactment  of 
laws  respecting  any  religion  and  guarantees  religious  freedom  to 
all  citizens,  and  the  right  to  peaceably  assemble  to  worship  God, 
and  for  other  lawful  purposes,  and  while  it  is  furthermore  true 
that  by  the  fundamental  law  of  this  country,  and  all  laws  made  in 
pursuance  thereof,  every  citizen  is  protected  in  his  religious  opin- 
ions and  faith,  regardless  of  how  far  wrong  he  may  be,  and  this  pro- 


HEALTH  LAWS  OF   KENTUCKY  263 

tection  extends  to  all  kinds  of  religious  cults  and  heresies,  however 
much  they  may  be  antagonistic  to  the  religion  of  the  Nazarene.  Yet 
after  all,  the  church,  even  the  Lord's  church,  though  not  of  this 
world,  and  separated  from  the  state,  must  be  subject  to  the  powers 
that  be.  This  principle  was  announced  by  the  Savior,  who,  when 
asked  if  it  was  lawful  to  pay  tribute  to  Caesar,  decalred,  "Render 
unto  Caesar  the  things  that  are  Caesar's,  and  unto  God  the  things 
that  are  His."  The  Apostle  Paul,  writing  to  the  Christians  in  the 
wieked  city  of  Rome,  said,  "Let  every  soul  be  subject  unto  the 
higher  powers;  the  powTers  that  be  are  ordained  of  God."  And  he 
further  warned  them  not  to  resist  the  powers  that  be. 

Paul  himself  appealed  to  Caesar  more  than  once,  and  thereby 

saved  his  life  by  being  protected  by  Caesar's  soldiers  from  religious 

fanaticism  and  intolerance.  On  several  occasions  it  was  the  great 

apostle's  boast  that  he  had  violated  no  law.  I  speak  of  these  matters 

show  that  under  our  Constitution  and  laws  there  is  no  conflict 

between  divine  and  civil  or  human  law,  and  although  possessed  of 

tunable  blessings  of  civil  and  religious  liberty,  they  must  be 

raised  within  the  limitations  of  wholesome  law,  and  in  a  manner 

nor  Inconsistent  with  the  genera]  welfare  or  of  human  rights. 

It'  the  Legislature  of  Kentucky,  through  the  Board  of  Health 
or  otherwise,  had  have  said  that  this  great  Baptist  congregation  at 
Murray  or  its  able  and  consecrated  minister,  Dr.  Taylor,  or  to  the 
Methodist,  Presbyterian,  Christian  and  other  churches,  and  able 
and  faithful  ministers,  that  they  should  subscribe  to  any  particular 
article  of  faith,  or  any  creed  it  would  have  been  an  outrage,  and 
nobody  would  have  been  bound  by  it,  or  have  submitted  to  it,  and 
no  court  would  have  countenanced  it  for  a  moment.  It  would  have 
been  a  nullity.  Hut  for  the  very  reason  that  the  churches  and  in- 
dividual members  arc  protected  by  the  civil  law,  in  their  worship 
against  religious  intolerance  and  persecution,  is  why  they  should 
submit  to  civil  law. 

Stephen,  the  first  martyr  to  the  Christian  faith,  was  stoned 
hceause  he  rded  no  protection.  All  of  the  apostles,  with  the 

ception  of  John,  were  put  to  death  because  the  civil 
authorities  afforded  them  no  protection.  The  Spanish  inquisition 
with  its  rack  and  thumbscrew  instruments  of  torture  and  death, 
for  the  faithful  Christians  were  the  inventions  of  religious  fanatics 
and  perseeutors,  and  the  civil  law  afforded  no  protection.  The 
me  can  be  said  of  the  massacre  of  St.  Bartholomew,  and  in  numer- 


264  HEALTH  LAWS  OP  KENTUCKY 

ous  other  instances.  No  such  conditions  can  exist  in  this  land,  be- 
cause the  law  throws  its  aegis  of  protection  around  the  humblest 
in  the  worship  of  his  God. 

Now  would  not  the  church,  and  the  individual  members  who 
comprise  the  church,  be  in  a  singular  position  to  ask  protection  for 
themselves  and  then  refuse  to  submit  to  civil  authorities? 

Sometimes  buildings  become  unfit  for  occupancy,  become  unsafe 
and  dangerous;  this  is  sometimes  the  case  with  a  church  building. 
Sometimes  the  town  trustees  or  councilmen  condemn  them,  and 
forbid  meetings  in  them  to  save  life.  Now  suppose  a  number  of 
persons  would  wilfully  violate  such  an  ordinance,  and  congregate 
in  a  condemned  building  and  perhaps  the  injury  or  death  of  some 
woman  or  child  would  be  the  result,  who  would  say  such  an  ordi- 
nance was  wrong,  or  that  those  offending  should  not  be  subject  to 
a  penalty  for  disobeying  it. 

Much  has  been  said  in  the  argument  in  this  case  about  estab- 
lishing quarantines,  to  protect  the  public  against  the  spread  of 
contagious  and  infectious  diseases.  It  is  conceded  that  under  the 
law  this  may  be  done  by  the  Board  of  Health.  Now  if  this  may  be 
done  there  can  be  no  doubt  of  the  power  of  the  Board  of  Health, 
in  the  exercise  of  a  reasonable  discretion,  to  prohibit  the  assembling 
of  people  in  churches  and  school  houses  and  other  public  places. 
I  might  in  this  connection  refer  to  the  law  of  leprosy  contained  in 
the  Mosaic  code.  The  most  devout  Hebrew,  as  dear  as  the  taber- 
nacle or  temple  was  to  his  heart,  was,  when  afflicted  with  leprosy, 
segregated  and  barred  from  God's  house  because  of  that  disease, 
and  its  malignancy.  Upon  the  same  principle  the  churches  were 
closed  during  the  recent  epidemic. 

It  might  possibly  in  some  instances  be  unnecessary,  but  who 
knows  about  that  ?  Under  such  conditions  it  is  the  consensus  of  opin- 
ion among  physicians,  and  those  whose  special  duty  it  is  to  be  con- 
cerned about  the  public  health,  that  such  precautionary  measures 
should  be  adopted. 

Now  there  has  recently  existed  in  this  country  an  epidemic 
of  influenza,  perhaps  the  most  widespread  and  far-reaching  disease 
in  the  history  of  the  world.  No  country,  no  race  of  people,  no  con- 
dition of  society  has  been  immune  from  it.  It  has  extended  "from 
the  rivers  to  the  ends  of  the  earth."  Like  all  epidemic  diseases  from 
the  beginning  of  time,  some  have  escaped;  many  have  suffered  from 


HEALTH  LAWS  OF  KENTUCKY  265 

its  ravages ;  indeed  some  of  the  physicians  have  testified  that  it  has 
proven  to  be  a  much  more  fatal  disease  than  smallpox. 

The  evidence  largely  preponderates  that  influenza  is  con- 
tagious; doctors  speculate  a  little  and  some  say  it  is  much  more 
infectious  than  contagious,  but  they  generally  agree  that  it  is  both, 
and,  anyway,  that  it  is  a  communicable  disease.  The  evidence  is 
conclusive  that  to  have  permitted  men,  women  and  children  to  as- 
semble without  restrictions,  in  the  churches  and  school  houses  would 
have  been  almost  inconceivably  disastrous  to  the  public  health, 
and  placed  the  epidemic  beyond  control.  The  Board  of  Health, 
actuated  by  the  purest  and  loftiest  motives,  put  on  the  ban.  It  was 
dune,  1  think,  wisely  and  humanely  and  in  the  exercise  of  a  power 
clearly  authorized  by  law. 

It  is  absurd  to  suppose  'hat  the  Board  of  Health  took  any 
pleasure  in  closing  churches.  Its  members,  as  well  as  a  large  ma- 
jority of  the  physicians,  are  Christian  men  and  church  members. 
What   they  did  pnblic  necessity.    It   was  done  all  over  this 

ite  and  In  many  other  states.  It  was  well  nigh  universal  in  case 
of  ehurehes  and  schools.  Most  of  the  courts  adjourned,  that  is, 
practically;  some  few  on  account  of  congestion  of  business  held 
sessions,  the  attendance  l>ein<r  confined  chiefly  to  those  who  had  to 
be  present,  the  attendance  of  others  not  being  allowed. 

There  was  no  discrimination  against  any  church;  they  were  all 
ated  alike,    it  is  solemnly  urged  as  .  q  for  adjudging  the 

ion  of  the  Board  of  Health  illegal,  and  dismissing  this  case,  that 
peo]  permitted  on  the  streets,  in  stores,  restaurants,  and  in 

the  COUli   house.    I  see  no  merit  in  this  contention.    There  is  much 
din*  in  traveling  In  the  open  air    and    being    crowded    for 

hours  in  public  buildings;  besides  people  had  to  visit  stores  and 
restaurants.   It  may  be  said  they  need  the  bread  of  life  as  well  as 
something  for  their  physical  appetites.  Undoubtedly,  but  a  tempo- 
rary closing  of  the  churches,  to  prevent   the  spread  of  sickm 
disease  and  death,  did  not  stop  the  worship  pf  God. 

All  who  sincerely  desired  to  do  that,  could  brush  the  dust 
from  their  Bibles  and  read  them,  and  pray  and  worship  in  their 
homes  as  the  early  Christian  did.  That  would  be  a  most  effectual 
way  of  service  anyhow.  I  say  God  bless  the  churches  and  the  work 
of  the  churches,  but  I  wish  they  were  supplemented  by  more  family 
rship  as  in  the  olden  times.  T  think  it  would  be  well  to  ''keep 
the  home  fires  burning." 


266  HEALTH  LAWS  OF  KENTUCKY 

However,  suppose  in  dealing  with  this  epidemic  the  law  was 
not  enforced  against  some,  does  that  prove  that  defendant  should 
not  be  subject  to  the  laws?  If  it  does  then  nobody  should  be  re- 
strained; we  would  have  no  law  or  order.  There  was  never  a  law 
from  Mt.  Sinai  to  Murray  that  was  not  violated.  Therefore,  we  should 
have  none  and  be  remanded  to  a  condition  of  hopeless  barbarism? 
There  have  been  many  trials  Bnd  convictions  for  various  offenses  in 
this  court.  Should  they  have  all  been  ignored  because  many  persons 
just  as  guilty  have  not  been  brought  to  justice  ?  I  do  not  think  any- 
one can  make  such  a  contention  seriously. 

Complaint  is  made  that  the  defendant  did  not  have  sufficient 
notice  that  the  flu  ban  was  on.  To  serve  every  individual  with 
special  notice  would  have  been  impossible,  and  was  never  contem- 
plated. There  must  have  been  notice.  Notice  to  the  people  of  the 
passage  of  a  law  is  by  promulgation — publication.  This  is  essential 
to  its  validity.  When  that  is  done,  the  notice  is  sufficient.  Notice 
of  this  ban  was  published  in  newspapers  of  Calloway  county.  It  was 
posted  at  the  post  office,  and  the  defendant  in  answer  to  a  ques- 
iton  by  the  court  admitted  that  he  knew  that  the  churches  had 
been  ordered  closed.  More  than  that,  he  admitted  that  on  his  way 
to  prayer  meeting  that  night  he  heard  that  the  county  attorney  said 
he  intended  to  have  those  who  attended  the  prayer  meeting  ar- 
rested. I  don't  think  the  defendant  can  be  heard  to  complain  that 
he  did  not  have  notice. 

He  was  and  is  a  member  of  that  church.  Dr.  Taylor,  the 
honored  pastor,  had  been  fined  that  week  for  violating  the  flu  order 
the  previous  Sunday,  and  had  declared  publicly  that  he  intended 
to  hold  prayer  meeting  that  night.  Defendant  attended  and,  in 
my  judgment,  knew  the  meeting  was  prohibited  by  those  authorized 
to  do  so,  and  therefore,  I  cannot  escape  the  conclusion  that  he  is 
guilty  and  should  be  fined,  which  the  court  will  fix  by  its  judgment, 
to  be  entered  herein. 


MEDICAL  LAWS  AND  COURT  DECISIONS. 

Chapter  85,  Kentucky  Statutes. 
^  Sec.  2611.    Medical  Register  to  be  Kept  by  County  Clerk — Duties 
and  Reports — Fees. — It  shall  be  the  duty  of  the  county  clerk  of  each 
county  to  purchase  a  book  of  suitable  size,  to  be  known  as  the  "Med- 
ical Register"  of  the  county,  and  to  set  apart  one  full  page  for  the 


HEALTH   LAWS  OF  KENTUCKY  267 

registration  of  each  physician,  and  when  any  physician  shall  die  or 
remove  from  the  county,  he  shall  make  a  note  of  the  same  at  the 
bottom  of  the  page,  and  said  clerk  shall,  on  the  first  day  of  January 
m  each  year,  transmit  to  the  office  of  the  State  Board  of  Health  a 
duly  certified  list  of  the  physicians  of  said  county  registered  under 
This  law,  together  with  such  other  information  as  is  hereinafter  re- 
quired, and  perform  such  other  duties  as  are  required  by  this  law 
and  such  clerk  shall  receive  the  ram  of  fifty  cents  from  each  physi- 
cian so  registered,  which  shall  be  his  full  compensation  for  all  the 
duties  required  under  this  law. 

Sec.  2612.  Physicians  Must  Register  Before  Beginning  Practice. 
— it  shall  be  unlawful  for  any  person  to  practice  medicine,  in  any  of 
its  branches,  within  the  limits  of  this  state,  who  has  not  exhibited 
and  registered  in  the  county  clerk's  office  of  the  county  in  which  he 
resides  his  authority  for  bo  practicing  medicine  as  herein  prescribed, 

her  with  his  age,  address,  place  of  birth  and  the  school  or  system 

of  medicine  to  which  lie  proposes  to  belong;  and  the  person  so  regis- 

iribe  and  verity  by  oath,  before  such  clerk,  an  affidavit 

aining   BUCh    facts,    whieh,    if    wilfully    false,    shall    subject    the 

.'  to  conviction  and  punishment  for  perjury. 

Sec.  2613—1.  Certificate  From  the  State  Board  of  Health  Au- 
thority to  Practice — To  Whom  is  Issued — Fee. — Authority  to  prac- 

medicine  under  this  act  shall  be  a  certificate  from  the  State 
Board  of  Health,  registered  in  the  county  in  which  the  holder  resides, 
and  said  board  shall  issue  a  certificate  to  any  reputable  physician  who 
desires  to  practice  medicine  in  this  state,  who  has  passed  a  satisfac- 
tory examination  before  it.  in  the  branches  of  medicine  as  taught  in 
reputable  medical  colleges,  and  said  hoard  shall,  upon  application,  ad- 
mit   to  examination   any   person   Of  good   moral   character,   who   may 

I  he  following  qualifications : 

1st.  A  diploma  from  a  reputable  medical  college,  legally  char- 
be  laws  of  this  state. 

2d.  A  diploma  from  a  reputable  and  legally  chartered  medical 
college  of  some  other  Btate  in  this  union. 

3rd.  Satisfactory  evidence  from  the  person  claiming  the  same 
that  rson  was  reputably  and  honorably  engaged  in  the  practice 

of  medicine  in  this  state  prior  to  February  23,  1884. 

Applicants  may  present  their  credentials  by  mail  or  proxy  and 
shall  receive  due  notice  of  the  place  and  date  of  examination.    C 


268  HEALTH  LAWS  OF  KENTUCKY 

rificates  shall  be  signed  by -die  president  and  secretary,  and  attested 
by  the  seal  of  the  board,  and  the  fee  for  each  examination,  including 
the  certificate,  sliall  not  exceed  the  sum  of  ten  dollars.  The  members 
of  the  board  shall  be  entitled  to  receive  ten  dollars  per  day  and  -their 
necessary  traveling  expenses  for  each  day  devoted  to  such  examina- 
tions, to  be  paid  from  the  fees  provided  herein,  and  the  board  shall 
have  authority  to  provide  for  such  assistants  as  it  may  deem  necessary 
and  pay  for  the  same  from  the  fund  arising  from  such  fees. 

2.  Examinations  Must  Be  Secret  and  Impartial. — Examinations 
shall  be  held  at  least  semi-annually  at  Frankfort,  Louisville,  Lexing- 
ton, or  other  centrally  located  places,  and  on  such  dates  as  the  board 
may  deem  will  best  suit  the  convenience  of  applicants. 

The  questions  for  all  examinations  in  the  branches  common  tc 
all  schools  or  systems  of  practice  shall  be  prepared  by  a  committee  of 
the  board,  to  consist  of  five  members,  one  of  which  shall  be  a  homeo- 
path, one  an  eclectic,  and  one  an  osteopath,  and  said  committee  shall 
conduct  all  examinations  and  grade  the  same,  and  when  any  applicant 
has  made  the  average  prescribed  by  law,  and  is  so  graded,  the  board 
of  health  shall  admit  such  applicant  to  the  practice  of  his  or  her 
profession  in  this  state.  All  examinations  shall  be  conducted  in  writ- 
ing, and  in  such  manner  that  the  results  shall  be  entirely  fair  and 
impartial,  the  applicants  being  known  by  numbers  so  that  no  member 
of  the  board  shall  be  able  to  identify  the  papers  of  any  applicant 
until  they  have  been  graded  and  the  case  passed  upon,  and  all  ques- 
tions and  answers,  with  the  grade  attached,  shall  be  preserved  for 
one  year. 

All  applicants  examined  at  any  one  rime  shall  have  the  same 
questions  asked  them  in  anatomy,  physiology,  obstetrics  and  the  other 
branches  common  to  all  systems  of  practice,  and  shall  be  required  to 
make  an  average  grade  of  70,  with  a  minimum  of  60  in  any  one 
branch,  but  all  examinations,  involving  methods  or  principles  of  treat- 
ment shall  be  made  and  graded  by  that  member  of  the  board  who  rep- 
resents, or  most  nearly  represents,  the  school  or  system  of  practice 
to  which  the  applicant  belongs,  or  the  board  may,  in  its  discretion, 
omit  the  examination  in  such  branches.  No  member  of  the  board 
shall  be  a  stockholder  or  member  of  the  faculty  or  board  of  trustees 
of  any  medical  college. 


HEALTH   LAWS  OF  KENTUCKY  269 

2614.  Itinerant  Doctor  Not  Entitled  to  Register. — Nothing 
in  this  law  shall  be  construed  as  to  authorize  any  itinerant  doctor  to 
register  or  to  practice  medicine  in  any  county  in  this  state. 

Sec.  2615.     Certificate— -When   May   Be  Refused— May  be   Re- 
:ed  for  Cause     Hearings. — The  State  Board  of  Health  may  refuse 
-sue  the  certificate  provided  for  in  this  act  for  any  of  the  follow- 
ing c 

1.    The  present  the  board  of  any  license,  certificate  or 

diploma  which  was  illegally     or  fraudulently  obtained, 'or  the  prac- 
tice of  fraud  or  deception  in  passing  the  examination. 

The  commission  of  a  criminal  abortion,  or  conviction  of  a 
felony  involving  moral  turpitude. 

Chronic  <>!•  nl  inebriety  or  addiction  to  a  drug  habit. 

to  an  extent  which  disqualifies  the  applicanl  to  practice  with  safety 
pie. 
\.    Or  othc  ly  unprofessional  or  dishonorable  conduct  of 

ive  or  defraud  the  public. 
The  may   suspend  or  revoke   a   certificate   for  any   of  the 

for  which  it  may  refuse  to  grant  a  license  under  the  provisions 

In  ;iii  i  for  suspension  or  revocation  under  ibis  act 

the  hole!  i  ertificate  shall  be  furnished  with  a  copy  of  the  com- 

plaint, and  shall  he  given  a'   least  thirty  days  thereafter  to  prepare 
earing,  and  he  shall  be  heard  in  person  or  by  counsel,  or  both, 
such  hearing  and  in  all  matters  arising  in  the 
course  of  their  duties,  the  president  and  secretary  shall  have  author- 
ity •  and  in  such  hearing  the  board  may  take 

1  or  written  proof  for  and  againsl   the  complaint,  as  it  may  deem 
will  besl  present  the  facts.     In  all  cases  of  refusal,  suspension  or  re- 
vocation, the  applicant  or  holder  may  appeal  to  the  Governor,  who 
overrule  don  of  the  hoard.    Upon  the  suspeu* 

rtifieate,  it  shall  he  the  duty  of  the  board 

rial  notice  of  SUCh  action,  under  seal,  to  the  county  clerk 
of  tl  by  in  which  the  holder  is  registered,  and  such  name  shall 

be  D  for  the  period  indicated  or  striken  from  the 

•  in  accordance  with  such  notice,  and  if  such  holder  shall  con- 
tinue to  pra  shall  thereupon  he  subject  to  the  penalties  pro- 
vided in  the  law  to  which  this  is  an  amendment. 


270  HEALTH  LAWS  OF  KENTUCKY 

Osteopathy  Recognized. — Any  person  engaged  in  the  practice 
of  osteopathy  in  this  state  prior  to  February  1,  1904,  who  holds  a 
diploma  from  a  reputable  osteopathic  college,  having  a  course  of  not 
less  than  four  terms  of  five  months  each,  legally  chartered  under  the 
laws  of  any  state  in  this  union,  as  determined  by  the  osteopathic 
member  of  the  board,  and  who  makes  application  to  the  State  Board 
of  Health  within  ninety  days  after  the  passage  of  this  act,  accom- 
panied by  the  fee  hereinbefore  provided,  shall  receive  a  certificate 
from  the  board  without  an  examination,  which,  when  registered  in 
the  office  of  the  county  clerk  of  the  county  of  his  residence,  as  re- 
quired of  other  certificates  issued  by  the  board,  shall  authorize  the 
holder  thereof  to  practice  osteopathy  in  this  Commonwealth,  but  it 
shall  not  permit  him  to  administer  drugs,  nor  to  perform  surgical 
operations  with  the  knife.  The  wTords,  " practice  of  medicine,"  in  this 
act,  shall  be  held  to  include  the > practice  of  osteopathy  but  no  person 
shall  be  permitted  to  practice  osteopathy  in  this  Commonwealth  with 
cut  an  osteopathic  diploma  and  certificate  as  provided  in  this  section. 

Provision  For  Healers  of  Any  Other  System  or  Method. — Any 
other  person  applying  for  authority  to  treat  the  sick  o::  injured,  or 
in  any  way  discharge  the  duties  usually  performed  by  physicians, 
whether  by  medical,  surgical  or  mechanical  means,  shall  apply  to  the 
State  Board  of  Health,  who  shall  examine  them  as  to  their  compe- 
tency in  such  manner  as  they  may  deem  fair  and  best,  but  such  exami- 
nation shall  always  include  anatomy,  physiology  and  pathology,  and 
the  term  "practice  of  medicine,"  as  used  in  this  act,  shall  be  con- 
strued to  be  the  treatment  of  any  human  ailment  or  infirmity  by  any 
method,  <but  this  shall  not  include  trained  or  other  nurses,  or  persons 
selling  proprietary  or  patent  medicines,  when  not  traveling  as  a 
troup  or  t roups  composed  of  two  or  more  persons.  But  this  shall  not 
apply  to  the  practice  of  Christian  Science. 

6.  Itinerant  Nostrum  Venders. — That  any  itinerant  medical 
company  of  two  or  more  persons  traveling  as  a  troupe  or  company  as 
vendors  of  any  drug,  nostrum  -or  instrument  of  any  kind,  intended 
for  the  treatment  of  any  disease  or  injury,  or  who  shall,  by  any  writ- 
ing or  printing,  profess  to  the  public  to  treat  disease  or  deformity 
by  the  use  of  any  drug,  nostrum  or  instrument,  shall  pay  to  tin; 
board  a  license  of  $100  per 'month,  which  shall  be  at  once  covered 
into  the  state  treasury.     The  board  shall  issue  a  license  to  reputable 


HEALTH   LAWS  OF  KENTUCKY  271 

and  worthy  applicants  under  this  section  upon  payment  'of  the  fee 
each  month,  but  may  for  sufficient  cause  refuse  such  license.  Any 
such  itinerant  vendor  traveling  as  a  company  or  troupe,  with  two  or 
more  persons  as  members  or  in  its  employ,  who  shall  treat  or  profess 
to  treat  or  cure  disease  or  injury  by  the  use  of  any  drug,  nostrum, 
or  instrument  without  license  to  do  so,  or  shall  sell  the  same  for  such 
purpose,  in  violation  of  this  section,  shall,  upon  conviction,  each  and 
every  person  so  engaged,  be  fined  fifty  dollars  for  the  first  offense, 
ami  upon  each  subsequent  conviction  shall  be  fined  ;one  hundred 
dollars.  J 

See.  2616.     All    to  be   Treated    Alike     Exceptions. — Nothing   in 
this  law  shall  be  stTUCd  as  to  discriminate  against  any   partic- 

ular school  or  system  of  medicine,  or  to  prohibit  women  from  prac- 
ticing midwifery,  or  to  prohibit  gratuitous  services  in  ease  of  emer- 
shall  this  law  apply  to  commissioned  Burgeons  of  the 

In;  liny,   navy   or  marine  hospital   service,   or  to  legally 

qualified  physicians  of  another  state,  called  to  see  a  particular  case 
or  family,  but  who  does  not  open  an  office  or  appoint  any  place  in 
this  state  where  he  or  she  may  meet  patients  or  receive  calls.' 

.  2617,      Duty  to  Enforce  Law.     It  shall  be  the  duty  of  the 
te  and  local  boards  of  health  to  bring  to  the  attention  of  the 

courts  any   violations  of  the   provisions  ol  thifl   law  within   their  re- 

Sec.    2618.     Practice    of    Healing    Defined— Penalties.     Any 
living     in     thi  or    any     person     coming     into 

this  who    shall    practice    medicine,    or    attempt  to    prac- 

iicine  in  any  of  its  branches,  or  who  shall  treat  or  attempt 

to  treat  any  sick  or  afflicl  ion  by  an;  mi  or  method  whatso- 

pensation,  without  first  complying  with  the 

aw,  shall,  upon  conviction  thereof,  be  lined  fifty 

dollars,  and  oh  and  i  bsequenl  conviction  shall  be  fined 

one  hundred  dollars  and  imprisoned  thirty  days,  or  either  or  both, 

in  the  discretion  of  the  court  or  jury  trying  the  ease:  and  in  no 

where  any  provision  o!  this  law  has  been  violated  shall  the  per- 

sting  be  entitled  to  receive  any  compensation   for  the 

rendered.    To  npon  an  office  for  such  purpose,  or  to  announce 

he  public  in  any  way  a  readiness  to  treat  the  sick  or  afflicted  shall 

deemed  t<  ■  in  the  practice  of  medicine  within  the  meaning 

of  this  act. 


272  HEALTH  LAWS  OF  KENTUCKY 

COURT  DECISIONS  UNDER  MEDICAL  LAWS. 


Executive  Office,  Frankfort,  Ky.,  October  16,  1893. 

Appeal  to  the  Governor  from  action  of  the  State  Board  of 
Health,  refusing  a  certificate  to  practice  medicine  to  Dr.  E.  A.  Welsh , 
of  Louisville,  Ky. 

Governor  Brown's  Decision. 

The  following  provisions  are  found  in  an  act  passed  by  the  Gen- 
eral Assembly  and  approved  April  10,  1893,  entitled  "An  act  to  pro- 
tect citizens  of  this  Commonwealth  from  Empiricism : ' ' 

Sec.  2.  It  shall  be  unlawful  for  any  person  to  practice  medi- 
cine, in  any  of  its  branches,  within  the  limits  of  this  state,  who  has 
not  exhibited  and  registered  in  the  county  clerk's  office  of  the  county 
in  which  he  resides,  his  authority  for  so  practicing  medicine  as  herein 
prescribed,  together  with  his  age,  address,  place  of  birth  and  the 
school  or  system  of  medicine  to  which  he  proposes  to  belong,  and  the 
person  so  registering  shall  subscribe  and  verify  by  oath,  before  such 
clerk,  an  affidavit  containing  such  facts,  which,  if  wilfully  false,  shall 
subject  the  affiant  to  conviction  and  punishment  for  perjury. 

Sec.  3.  Authorhr  to  practice  medicine  under  this  law  shall  be 
a  certificate  from  the  State  Board  of  Health,  and  said  board  shall, 
upon  application,  issue  a  certificate  to  any  reputable  physician,  who 
is  practicing  or  who  desires  to  begin  the  practice  of  medicine  in  this 
state,  who  possesses  any  of  the  following  qualifications:  First,  a 
diploma  from  a  reputable  medical  college  and  legally 
chartered  under  the  laws  of  this  state.  Second,  a  diploma 
from  a  reputable  and  legally  chartered  medical  college  of 
some  other  state  or  country,  indorsed  as  such  by  the 
State  Board  of  Health.  Third,  satisfactory  evidence  from 
the  person  claiming  the  same  that  such  person  was  reputably  and  hon- 
orably engaged  in  the  practice  of  medicine  in  this  state  prior  to 
February  23,  1864.  Applicants  may  present  their  credentials  by  mail 
or  proxy,  and  the  board  shall  issue  its  certificates  to  such  applicants 
as  are  entitled  thereto  as  though  the  applicant  was  present.  All  cre- 
dentials shall  be  signed  by  the  president  and  secretary ,*  and  attested 
by  the  seal  of  the  board,  and  not  more  than  $2.00  shall  be  charged 
for  any  certificate. 


H1ALTN  LAWS  OF  KHNTUCKY  273 

Sec.  4.  Nothing  in  this  jaw  shall  be  construed  to  authorize 
any  itinerant  doctor  to  register  or  to  practice  medicine  in  any  county 
in  this  state. 

Sec.  5.  The  state  board  of  health  may  refuse  to  issue  the  cer- 
tificate provided  for  in  section  3  of  this  article  to  any  individual 
guilty  of  grossly  unprofessional  conduct  of  a  character  likely  to  de- 
ceive or  defraud  the  public,  and  it  may.  after  due  notice  and  hearing, 
revoke  sueh  certificates  for  like  cause  In  all  cases  of  refusal  or  revo- 
iun,  the  applicant  may  appeal  to  the  Governor,  who  may  affirm  or 
:  ulf  the  decision  of  the  board,  and  this  decision  shall  be  final. 

uislatioii  is  under  tl  ate.     It  has 

been  held  by  the  judicial  authoriti  er  is  a  gen- 

eral one,  by  which  a  government  may  promote  the  gen- 

eral welfare,  even  at  the  expense  of  prr  tts  exact  scope 

Lifficult  to  d>"  Supreme  Court  has 

elined  to  do  so,  stating  that  it  would  ease  as  it  arose. 

ed  tor  the  preservation  of  the  public  health  and  morals, 
in  restricting  th<  ating  the  use  of 

property. 

It  can  mil;.  !  by  Legislative  enactment,  and  is  within 

retion  of  the  '  long  as  constitutional  limitations 

are  not  passed,  com  lining  power  if  such  laws  shall 

Late  natural  principles  of  justice  and  th  the  policy  or 

have  nothing  to  do    if  the  eon- 
led. 

Occupations  and  practi'  taxation  or  pen- 

's, or  prohibited  if  injurious  to  public  morals  or  health. 
To  protect  the  health  of  the  community,  the   establishment  of 
ouses  ma  in  certain  districts;  also  burying 

groi;  be  pollution  of  water 

ions  may  be 
prohibit  atutee  may  sup- 

!'  injurious  drugl  OT  in 

publications  or 
.  and  provide  for 

te  Supreii  all  voca- 

condil ions.     All  mas-  be  pursued 


274  HEALTH  LAWS  OF  KENTUCKY 

as  sources  of  livelihood,  some  requiring  years  of  study  and  great 
learning  for  their  successful  prosecution.  The  interest,  or,  as  it  is 
sometimes  termed,  the  estate  acquired  in  them,  that  is,  the  right  to 
continue  their  prosecution,  is  often  of  great  value  to  the  possessors, 
and  cannot  be  arbitrarily  taken  from  them  any  more  than  their  real 
or  personal  property  can  be  so  taken.  But  there  is  no  arbitrary  de- 
privation of  such  right  where  its  exercise  is  not  permitted  because  of 
a  failure  to  comply  with  the  conditions  imposed  by  the  state  for  the 
protection  of  society.  The  power  of  the  state  to  provide  for  the  gen- 
eral welfare  of  its  people  authorizes  it  to  prescribe  all  such  regula- 
tions as,  in  its  judgment,  will  secure  or  tend  to  secure  them  against 
the  consequences  of  ignorance  and  incapacity,  as  well  as  of  deception 
and  fraud."    120  U.  S.  Reports,  page  121. 

The  Supreme  Court  of  Minnesota  says:  "In  the  profession  of 
medicine,  as  in  that  of  law,  so  great  is  the  necessity  for  special  qual- 
ification in  the  practitioner,  and  so  injurious  the  consequences  likely 
to  result  from  a  want  of  it,  that  the  power  of  the  legislature  to  pre- 
scribe such  reasonable  conditions  as  are  calculated  to  exclude  from  the 
profession  those  who  are  unfitted  to  discharge  its  duties,  cannot  be 
doubted.  Hewitt  v.  Charier,  16  Pick,  353;  Spaulding  v.  Alford,  1 
Pick  33 ;  Wright  v.  Lanckton,  19  Pick  288 ;  Cooley,  Const.  Lim.  745. 
Statutes  for  the  accomplishment  of  this  purpose  have  been  very  com- 
mon, containing  provisions  similar  to  those  found  in  this  act,  that  is, 
requiring,  as  a  condition  of  the  right  to  practice  the  profession,  that 
the  practitioner  shall  be  a  graduate  of  an  institution  for  medical 
instruction,  or  shall  have  a  certificate  of  his  qualification  from  some 
recognized  body  of  men  learned  in  the  science.  Such  requirements 
have  been  incorporated  into  the  laws  of  Massachusetts,  Maine,  New 
York,  Ohio,  Illinois,  Alabama,  Georgia  and  Texas,  and  in  other  states, 
and  their  validity  has  never,  we  think,  been  judicially  denied." 

The  legislature  has  surely  the  power  to  require,  as  a  condition  ot 
the  right  to  practice  this  profession,  that  the  practitioner  shall  be 
possessed  of  the  qualification  of  honor  and  a  good  moral  character, 
as  it  has  to  require  that  he  shall  be  learned  in  the  profession.  It  can- 
not be  doubted  that  the  legislature  has  authority,  in  the  exercise  of 
its  general  police  power,  to  make  such  reasonable  requirements  as  may 
be  calculated  to  bar  from  admission  to  this  profession  dishonorable 
men,  whose  principles  or  practices  are  such  as  to  render  them  unfit 


Al/ni  LAWS  OF  KENTUCKY  275 

to  be  intrusted  with  the  discharge  of  its  duties.  And  as  the  duty  of 
determining  upon  these  qualifications,  both  as  to  learning  and  skill, 
and  as  to  honor  and  moral  fitness,  must  from  necessity  be  committed 
to  some  person  or  bod}'  other  than  the  legislature,  we  see  no  reason 
why  it  may  not  be  committed  to  the  legally  constituted  body  of  men, 
learned  in  this  profession,  named  in  this  act. 

We  are  referred  to  no  decision,  and  we  have  found  none,  sustain- 
ing the  position  of  the  relator,  that  an  adverse  determination  of  such 
body  upon  such  a  question,  by  reason  of  which  the  applicant  is  pre- 
cluded from  eng  a  the  practice  of  his  profession,  deprives  him 
of  his  property  without  due  process  of  law.  or  that  such  enactments 
are  for  any  reason  unconstitutional. 

In  34  .Minn.,  page  390,  it  is  said:  "There  is  no  possible  distinc- 
tion in  this  respect,  between  refusing  to  grant  a  license  and  revok- 
ing one  already  granted  Both  seta  are  an  exercise  of  the  police 
power.    The  power  i  and  the  object  of  its  exercise  is.  in  each 

case  elude  incompetent  or  unworthy  persons 

at     Therefore,  the  same  body,  which  may  be 
ted  with  the  ;  int,  or  rei  rant,  a  I  may  also 

be  vested  with  the  |  >  revoke.     The  statutes  of  all  the  states 

are  full  •  the  power  to  i  a  of  dealers, 

innkeepers,  hackmen,  draym  i,  pilots,  en- 

gineers and  the  I,  boards  v.  ho  are 

authorized  I  innty  commissioners, 

in,  hoar. i  irds  of  ea  i  onstitution- 

•  of  the  poii  -ften 

D   sustained,  and.   indeed,    rar  tinned,      ('onley.   Const,    \j\n\. 

283  and  5D7.  am 

The  Indiana,    10!)    hid.,   page   279,   says:  "It 

•fore,  no  oew  principle  of  law  ths  b;j  our  statute, 

if  it  wei  i  Mt  lite  is.  no 

one  can  doi.  I  igh  imp  ority  that   health, 

limb  and  life  should   not   he  lei:  it    of   ignorant    | 

rlatans.     |  igislature  to 

t  such  laws  as  will  protect  the  people  from  i|  pretenders. 

and  secure  them  /,..  skilled  and  Learned  men, 

although  it  is  not  within  the  power  of  the  Legislature  to  discriminate 
in  favor  of  any  particular  scl 1  of  mcdicim 


27«  HEA.LTH  LAWS  OF  KENTUCKY     - 

Speaking  of  a  statute  like  ours,  tke  Texas  Court  of  Appeals  said : 
"We  are  of  opinion  that  all  of  the  porvisions  of  the  act  under  con- 
sideration, as  above  set  out,  and  independent  of  any  constitutional 
warrant  for  its  enactment,  would  be  maintainable  under  the  police 
power  of  the  state ;  that,  under  this  general  power,  the  legislature  is 
the  proper  judge  as  to  what  regulations  are  demanded  in  dealing  with 
the  property  and  restraining  the  actions  of  individuals." 

Judge  Cooley  strongly  and  equivocally  affirms  the  validity  of 
statutes  like  ours.    Cooley  on  Torts,  289,  290. 

For  more  than  eighty  years  a  similar  statute  has  been  in  force  in 
New  York,  and  the  courts  of  that  state  have  uniformly  regarded  it  as 
valid. 

In  Driscoll  v.  Commonwealth,  Fourteenth  Kentucky  Law  Re- 
porter, page  376,  the  constitutionality  of  the  legislation  in  question  is 
discussed  and  sustained,  although  the  exact  question  presented  here 
was  not  then  decided. 

There  is  evidence  in  the  record  submitted  to  me  that  Dr.  "Welsh 
is  not  a  reputable  physician — that  his  methods  of  practice  and  bus- 
iness in  his  profession  are  disreputable  and  misleading  to  the  public. 

Believing  the  act  under  which  the  State  Board  of  Health  have 
proceeded,  to  be  constitutional,  also  that  the  board  has  not  exceeded 
its  powers,  and  that  its  action  is  sustained  by  the  evidence,  I  there- 
fore Recline  to  disturb  the  judgment  in  this  case. 


Court  of  Appeals.    Filed  October  20.  1892— M.  Driscoll  v.  Common- 
wealth :  Commonwealth  v.  C.  W.  Rice — Appeals  from  the  Louis- 
ville City  Court- 
Opinion  of  the  Court  by  Judge  Pryor. 
These  two  cases,  involving  the  same  question,  will  be  considered 
together. 

An  act  of  the  legislature  was  passed  on  the  23rd  day  of  Febru- 
ary, in  the  year  1874,  for  the  purpose  of  preventing  incompetent 
physicians  and  surgeons  from  practicing  their  profession  within  the 
state,  the  act  reciting  that  it  is  of  the  greatest  importance  that  none 
but  persons  with  competent  ouah'fieations  should  be  allowed  to  prac- 
tice a  profession  to  whose  skill  and  ability  the  life  of  the  citizen  is  en- 
trusted, etc.  This  enactment  has  been  amended  from  time  to  time, 
and  bv  the  act  of  April  25,  1888.  it  is  provided  that  there  shall  be  a 


HEALTH    LAW'S  OP  KENTUCKY  L'77 

registration  of  all  physicians  in  the  county  court   of  each  county 

(that  is,  whore  they  reside),  and  by  section  2,  "that  on  and  after  the 

first  day  of  April,  18S9,  it  shall  be  unlawful  for  any  person  to  prac- 

medicine,  in  any  of  its  departments,  within  the  limits  of  this 

te,  who  has  not  exhibited  and  registered  in  the  county  clerk's 

>e  of  the  county  where  he  is  practicing,  or  intends  to  commence  the 

practice  of  medicine,   lus   authority  for  so'  practicing  medicine   as 

•i ihed  in  this  act,  the  name  and  location  of  the  college  issuing  the 

same;  if  it  be  a  diploma,  the  date  of  the  same,  together  with  his  age, 

residence,  place  of  birth,  and  the  school  or  system  of  medicine  to 

which  he  professes  to  belong,"  etc.    And  by  section  3  it  is  provided 

that  authority   to   practice   medicine   under  this   act   shall   be:   "A 

diploma  from  a  medical  school,  legally  chartered  under  the  laws  of 

this  :  diploma  from  a  reputable  and  legally  chartered  medical 

school  of  some  other  si  ate  or  county  certified  and  indorsed  as  such 

•y  of  a  Legally  chartered  medical  school  in  this  state  or 

al  Society;  an  affidavit  from  the  person  claiming  the 

from  obtaining  a  diploma  under 

to  which  this  is  an  amendment."    Sections  2  and 

•  original  me  to  practice  who  had  been  a  prac- 

who  had  ined  by  the 

medical  board  and  found  qualifk  der  the  act  of  April,  1888,  a 

dip'  ool  of  this  Btate,  or  from  <>ne 

chai  odorsed  as  such  by  a  medical  school 

Thi  ply,  however,  to  physicians  who  had 

within  t!  prior  to  the  ,.f  the  orig- 

inal act  of  1874,    The  ad  <>r  April  !  ain  amended  on 

the  24th  of  May,  1890,  di  g  with  the  endorsement  of  a  medical 

"ii  the  diploma  was  obtained  out  of  the 

be  made  by  the  state  board 

health. 

Thi  not  appl,  i  here  physicians 

have,  prior  by  complying  with  the  previous  enactments  on 

don,  and  affe 

"   failed    to   comply   with    the   provisions   of   the 
lie  act  of  1890,  have  com- 
ctice  withoui  complying  with  its  provisions. 


27S  HEALTH  LAWS  OF  KENTUCKY 

If  Driscoll,  who  seems  to  have  been  practicing  his  profession  be- 
fore the  act  of  1890  was  passed,  had  complied  with  the  law  in  ex- 
istence  prior  to  that  time,  his  right  to  practice  could  not  be  ques- 
tioned. 

The  act  of  25th  of  April,  1890,  is  not  retroactive,  nor  should  such 
a  construction  be  given  it. 

He  produces  a  diploma  from  the  Starling  Medical  College, 
located  in  the  state  of  Ohio.  It  is  agreed  that  it  is  a  chartered  insti- 
tution and  a  reputable  college.  In  the  month  of  March,  1889,  he  regis- 
tered in  the  Jefferson  county  clerk's  office,  by  presenting  his  diplo- 
ma, with  the  endorsement  of  one  Kalfus,  wh  was  the  secretary  of 
the  Board  of  Kegents,  Kentucky  School  of  Medicine.  Kalfus  had  no 
authorit}^  to  endorse  diplomas,  nor  was  he  a  member  of  the  faculty 
of  the  Kentucky  school,  still,  on  his  statement  that  he  had  the  author- 
ity to  make  the  endorsement,  the  appellant,  Driscoll,  registered. 
In  April,  1889,  he  also  sent  his  diploma  to  Dr.  McCormack,  at  Bowl- 
in  Green,  for  endorsement,  and  it  was  returned  without  explanation. 
The  appellant  seems  to  have  made  an  effort,  at  least,  to  comply  with 
the  law,  but  failed  to  have  the  endorsement  as  required  prior  to  the 
act  of  the  25th  of  April,  1890,  and  it  is  not  pretended  that  he  has 
the  endorsement  required  by  the  provisions  of  this  act. 

It  does  not  appear  what  the  system  of  medicine  was  taught  in 
the  medical  school  in  which  the  appellant,  Driscoll,  graduated,  and 
this  is  immaterial,  as  the  statute  expressly  provides  "that  nothing  in 
this  act  shall  be  so  construed  as  to  discriminate  against  any  peculiar 
system  or  school  of  medicine,  or  to  prohibit  women  from  practicing 
midwifery,  or  to  prohibit  gratuitous  services  in  case  of  emergency," 
etc.  So  a  diploma  from  a  reputable  college,  in  which  there  may  be 
taught  a  new  system  of  practice,  or  in  which  there  may  be  a  departure 
from  the  old  system,  affords  no  reason  for  withholding  an  endorse- 
ment by  the  board  of  health,  and  there  being  no  discrimination  in  this 
regard,  we  perceive  no  constitutional  objection  to  any  of  the  provis- 
ions of  the  act.  unless  they  are  so  unreasonable  as  to  preclude  those 
qualified  from  practicing  their  profession. 

We  see  no  reason  for  denying  the  right  of  the  legislature  to  enact 
laws  for  the  protection  of  the  people,  by  requiring  those  who  under- 
take to  practice  a  profession  to  give  evidence  of  their  qualifications 
and  skill  by  the  exhibition  of  a  license  from  those  who,  in  the  legis- 


HEALTH  LAWS  OF  KENTUCKY  279 

lative  judgment,  are  competent  to  determine  whether  or  not  the  ap- 
plicant lias  the  necessary  qualifications  to  practice  the  particular 
profession. 

The  citizens,  of  necessity,  when  diseased,  must  employ  the  phy- 
sician, and  the  lawyer  when  his  right  of  person  or  property  has  been 
violated.  The  entire  public  is  interested  in  knowing,  or  in  having  the 
means  of  ascertaining/whether  the  physician  he  desires  to  employ  has 
a  sufficient  knowledge  of  medicine  as  enables  him  to  practice  his  pro- 
ion;  and  for  the  welfare  and  safety  of  the  citizens  the  legislature 
may  say  that  you  shall  not  practice  medicine  unless  you  have  the  en- 
dorsement of  a  board  skilled  in  the  profession.  The  patients  of  the 
physician  must  rely  on  his  knowledge  of  medicine,  and  the  mode  of 
administering  it.  and  the  entire  public  being  interested  in  having 
physicians  learned  in  the  profession,  it  is  competent  for  the  legisla- 
ture to  prescribe  the  mode  of  determining  the  qualificationes  of  those 
who  propose  to  embark  in  the  practice. 


1>;  I         \V.  ( >.  BradlxTj  Qovebnob  op  Kentucky. 

Dr.  B.  A.  Stockdale's  Appeal. 

e  appellant  admits  that  his  conduct  has  been  irregular  and  im- 
proper, but  bases  his  righl  to  a  certificate  to  practice  medicine  upon 
his  promise  not  to  be  guilty  of  such  conduct  in  the  future.  This 
promise  was  made  in  1893,  when  he  applied  for  the  first  time;  again 
in  1896,  when  he  made  the  second  application,  and  in  April,  1897, 
ii  he  made  the  present  application.  Xei  the  proof  shows  that  this 
advertising  continued  in  ip  to  the  9th  of  April 

.  and  that  as  late  as  .lanuuary  1  1.  W>7.  he  advertised  that  he  could 

cure  diseases,  which  a  number  of  reputable  physicians  swear  are  in- 

i,],.. 

'I'he  statute  of  empiricism  was  adopted  to  prevent  such  persons 
from  «ng*gfag  iii  the  practice,  tor  it  cannol  he  denied  thai  one  thus 
advertising  is  guilty  of  grossly  improper  conduct  caleulatecfto  deceive 

or  defraud  the  public.  (Sec.  261.">.  Kentucky  Statutes.)  Such  a  per- 
son cannot  be  deemed  "reputable."  As  to  the  propriety  or  wisdom 
of  the  statute,  it  i>  1<h>  la<e  now  to  raise  a  question,  as  the  highest 
court  of  the  state  and  my  distinguished  predecessor  have  upheld  and 
reco  ti     Tho  statute,  in  referring  to  a  reputable  person,  means 

not  one  who  is  shown  to  i>e  disreputable  and  who  promises'  reforms 


210  HEALTH  LAWS  OF  KENTUCKY 

lion,  but  one  who  is  reputable  at  the  time  the  application  is  made. 
Any  other  construction  would  destroy  the  efficacy  of  the  Taw,  for 
every  quack,  who  would  make  a  promise,  would  be  entitled  to  prac- 
tice, and  thus  the  public  be  deceived  and  injured. 

The  question  of  forgiveness  or  charity  is  not  involved.  If  the 
doctor  will  cease  his  disreputable  practices,  and  establish  a  proper 
character,  then  he  may  ask  forgiveness  and  be  allowed  to  practice, 
but  a  mere  promise  to  desist  in  the  future  cannot  of  itself  give  him 
the  right  to  be  recognized  by  the  board. 

The  judgment  of  the  board  is  affirmed. 


Decision  op  the  Supreme  Court  of  the  United  States  in  the  Case 
of  Dent,  Plaintiff  in  Error,  v.  the  State  of  West  Virginia 

Submitted  Dec.  11,  1888.— Decided  Jan.  14,  1889. 

S.  C.  Reporters'  Ed.,  114-128. 

Mr.  Justice  Field  delivered  the  opinion  of  the  court : 
Whether  the  indictment  in  which  the  plaintiff  in  error  was  tried 
and  found  guilty  is  open  to  objection  for  want  of  sufficient  certainty 
in  its  averments,  is  a  question  which  does  not  appear  to  have  been 
raised  either  on  the  trial  or  before  the  supreme  court  of  the  state. 
The  presiding  justice  of  the  latter  court,  in  its  opinion,  states  that  the 
counsel  for  the  defendant  expressly  waived  all  objections  to  defects 
in  form  or  substance  of  the  indictment,  and  based  his  claim  for  a  re- 
view of  the  judgment  on  the  ground  that  the  statute  of  West  Virginia 
is  unconstitutional  and  void.  The  unconstitutionality  asserted  con- 
sists in  its  alleged  conflict  with  the  clause  of  the  Fourteenth  Amend- 
ment, which  declares  that  no  state  shall  deprive  any  one  of  life,  lib- 
erty or  property  without  due  process  of  law — the  denial  to  the  de 
fendant  of  the  right  to  practice  his  profession  without  the  certificate 
required  constituting  the  deprivation  of  his  vested  right  and  estate 
in  his  profession  which  he  had  previously  acquired. 

It  is  undoubtedly  the  right  of  every  citizen  of  the  United  States 
to  follow  any  lawful  calling,  business  or  profession  he  may  choose,, 
subject  only  to  such  restrictions  as  are  imposed  upon  all  persons  of 
like  age,  sex  and  condition.  This  right  may  in  many  respects  be  con- 
sidered as  a  distinguishing  feature  of  our  republican  institution. 
Here  all  vocations  are  open  to  every  one  on  like  conditions.    All  may 


HEALTH  LAWS  OF  KENTUCKY  281 

be  pursued  as  sources  of  livelihood,  some  requiring  years  of  study  and 
it  learning  for  their  successful  prosecution.  The  interest,  or, 
as  it  is  sometimes  termed,  the  estate  acquired  in  them,  that  is,  the 
right  to  continue  their  prosecution,  is  often  of  great  value  to  the  pos- 
and  canimt  be  arbitrarily  taken  from  thorn  any  more  than 
the;  al  property  can  be  thus  taken.    But  there  is  no 

arbitrary  deprivation  of  such  rijxht  where  its  exercise  is  not  permitted 
of  a  failure  to  comply  with  conditions  imposed  by  the  state 
for  the  protection  of  society.  The  power  of  the  state  to  provide  for 
the  genera]  welfare  of  its  people  authorizes  it  to  prescribe  all 
such  regulations  as  in  its  judgment  will  secure  or  tend  to  se- 
cure them  against  the  consequences  of  ignorance  and  mea- 
ty as  well  as  of  deception  and  brand.  As  one  means  to 
this  end  it  lias  been  the  practice  of  different  states,  from  time 
immemorial,  to  exact  in  many  pusuits.  a  certain  degree  of 
skill  and  learning  upon  which  the  community  may  confidently 
rely,  their  possession  being  generally  ascertained  upon  an  ex- 
amination of  parties  by  competent  persons,  or  inferred  from  a  cer- 
tiiieate  to  them  in  the  form  of  a  diploma,  or  license  from  an  insti- 
tuti<  d  for  instruction  on  tin-  subjects,  scientific  and  other- 

•.  with  winch  BUch  pursuits  have  to  deal.     The  nature  and  extent 
required  musl  depend  primarily  upon  the  judg- 
ment of  the  state  as  to  their  necessity.     If  they  arc  appropriate  to  the, 

calling  or  profession,  and  attainable  by  reasonable  study  or  applica- 
tion, do  objection  to  their  validity  .-an  be  raised  because  of  their 
!•  difficulty.    It  iN  only  when  they  have  no  relation  to  such 
eallinj-  or  p  i.  or  are  unattainable  by  such  reasonable  study 

plication,  that  they  can  operate  to  deprive  <>ne  of  his  right  to 
pursue  a  lawful  vocation. 

Few  p  [uire  more  careful  preparation  by  one  who 

i-  it  than  that  of  medicine.     It  has  to  deal  with  all  those 
tie  and  mysterious  influences  upon  which  health  and  life  depended, 
and  requires  not  only  a  knowledge  of  the  ble  and  mineral  sub- 

stances,  but  of  the  human  body  in  all  its  complicated  parts,  and  their 
relation  to  each  other  as  well  as  their  influence  upon  the  mind.  The 
physician  must  be  able  to  detect  readily  the  presence  of  disease,  and 
prescribe  appropriate  remedies  for  its  removal.    Every  one  may  have 

to  consult  him.  but  comparatively  few  can  judge  of  the  <pial 


282  HEALTH  LAWS  OF  KENTUCKY 

iiications  oil  the  learning  and  skill  which  he  possesses.  Keliance  must 
be  placed  upon  the  assurance  given  by  his  license,  issued  by  an 
authority  competent  to  judge  in  that  respect  that  he  possesses  the  re- 
quisite qualifications.  Due  consideration,  therefore,  for  the  protec- 
tion of  society  may  well  induce  the  state  to  exclude  from  practice 
those  who  have  not  such  a  license,  or  who  are  found  upon  examina- 
tion not  to  be  fully  qualified.  The  same  reasons  which  control  in 
imposing  conditions,  upon  compliance  with  which  the  physician  is 
allowed  to  practice  in  the  first  instance,  may  call  for  further  condi- 
tions as  new  modes  of  treating  disease  are  discovered,  or  a  more  thor- 
ough acquaintance  is  obtained  of  the  remedial  properties  of  vegetable 
and  mineral  substances,  or  a  more  accurate  knowledge  is  acquired  of 
(he  human  system  and  of  the  agencies  by  which  it  is  affected.  It 
would  not  be  deemed  a  matter  for  serious  discussion  that  a  knowledge 
of  the  new  acquisitions  of  the  profession,  as  it  from  time  to  time  ad- 
vances in  its  attainments  for  the  relief  of  the  sick,  and  suffering, 
should  be  required  for  continuance  in  its  practice,  but  for  the  earnest- 
ness with  which  the  plaintiff  in  error  insists  that  by  being  compelled 
to  obtain  the  certificate  required,  and  prevented  from  continuing  in 
his  practice  without  it,  he  is  deprived  of  his  right  and  estate  in  his 
profession  without  due  process  of  law.  We  perceive  nothing  in  the 
statute  which  indicates  the  intention  of  the  legislature  to  deprive  one 
of  any  of  his  rights.  No  one  has  a  right  to  practice  medicine  without 
the  necessary  qualifications  of  learning  and  skill;  and  the  statute 
only  requires  that  whoever  assumes,  by  offering  to  the  community  his 
services  as  a  physician,  that  he  possesses  such  learning  and  skill,  shall 
present  evidence  of  it  by  a  certificate  or  license  from  a  body  desig- 
nated by  the  state,  as  competent  to  judge  of  his  qualifications. 

As  we  have  said  on  more  than  one  occasion,  it  may  be  difficult,  if 
not  impossible,  to  give  the  terms  "due  process  of  law"  a  definition 
which  will  embrace  every  permissible  exertion  of  power  affecting  pri- 
vate rights  and  exclude  such  as  are  forbidden.  They  come  to  us  from 
the  law  of  England,  form  which  country  our  jurisprudence  is  to  a 
great  extent  derived,  and  their  requirement  was  there  designed  'to 
secure  the  subject  against  the  arbitrary  action  of  the  Crown  and 
place  him  under  the  protection  of  the  law.  They  were  deemed  to  be 
equivalent  to  the  "law  of  the  land."  In  this  country,  the  require- 
ment is  intended  to  have  a  similar  effect  against  legislative  power, 
that  is,  to  secure  the  citizen  against  any  arbitrary  deprivation  of  his 


HEALTH  LAWS  OF  KENTUCKY  283 

rights,  whether  relating  to  his  life,  his  liberty,  or  his  property.  Leg- 
islation must  necessarily  vary  with  the  different  objeets  upon  which 
it  is  designed  to  operate.  It  is  sufficient  for  the  purposes  of  this 
case,  to  say  that  legislation  is  not  open  to  the  charge  of  depriving 
one  of  his  rights  without  due  process  of  law,  if  it  be  general  in  its 
operation  upon  the  subjects  to  which  it  relates,  and  is  enforeable  in 
the  usual  mi  ablisned  in  the  administration  of  government  with 

respect  to  kindred  matters,  that  is,  by  process  or  proceedings  adapted 
to  the  nature  of  the  ease.  The  great  purpose  of  the  requirement  is 
everything  that  is  arbitrary  ami  capricious  in  Legislation 
affecting  the  right  of  the  citizen.  As  said  in  this  court  in  Yick  "Wo. 
v.  Hopkins,  speaking  by  Mr,  Justice  Mathews:  "When  we  consider 

nature  and  theory  of  our  <rovernment,  the  principles  upon  which 
the.\  pposed  to  rest,  and  review   the  history  of   their  develop- 

it,  we  are  constrained  to  conclude  that  they  do  not  mean  to  leave 

room  for  the  play  and  action  of  purely  personal  and  arbitrary  pow- 

118  1"  226).  See  also  Pennoyer  v.  Neff, 

95  r.  s..  71 1.  788    24;  565,  572   \  Davidson  v.  N.  0.,  96  U.  S.,  97, 

104.  Kit    lM:  616,  619,  620   i  Burtado  v.  CaL,  110  U.  3.,  516  (28; 

;  .Mm.  Pac,  BLCo.  v.  Bumes,  115  r.  B.  512,  :>1(>  (29;  463,  465). 

There  i^  nothing  of  an  arbitrary  character  in  the  provisions  of 

the  lonj  it  applies  to  ;ill  physicians,  except  those  who 

may  I..-  called  for  a  special  ease  from  another  State;  it  imposes  no 

conditions  which  cannot  he  readily  met:  ami  it  i->  made  enforceable 

in  th.'  mode  usual  in  kindred  matters,  that  is.  by  regular  procedii 

adapted  t<>  •  it  auti  the  examination  of  the  applicant 

by  the  board  of  |  ia  qualifications  when  he  lias  no  evidence 

hem  in  the  diploma  of  a  reputable  i lical  college  in  the  school  of 

medicine  to  which  he  belongs,  or  has  not  practiced  in  the  State  a  des- 
ignated period  before  March,  188L    If.  in  the  proceedings  \wuWv  the 
tiould  be  any  unfair  or  unjust  action  on  the  part  of 
th"  board  in  refusing  him  a  certificate,  we  doubl  not  that  a  remedy 

tld  be  found  in  the  courts  of  the  Stat".  But  no  such  imputation 
can  be  made,  for  the  plaintiff  in  error  did  not  submit  himself  to  the 
examination  of  the  hoard  after  it  bad  decided  thai  the  diploma  he 
presented  was  insufficient 

The  case  of  Cumminga  v.  Mo.,  71  IT.  S.,  4  Wall,  277,  and  of  Ex 
parte  Garland,  71  r.  s..  i  Wall,  333,  npon  which  much  reliance  is 


284  HEALTH  LAWS  OF  KENTUCKY 

placed,  do  not  iu  our  judgment  support  the  contention  of  the  plaintiff 
in  error.  In  the  first  of  these  cases  it  appeared  that  the  Constitution 
of  Missouri,  adopted  in  1865,  prescribed  an  oath  to  be  taken  by  cer- 
tain persons  holding  certain  offices  and  trusts  and  following  certain 
pursuits  within  its  limits.  They  were  required  to  deny  that  they  had 
done  certain  things,  or  had  manifested  by  act  or  word  certain  sym- 
pathies or  desires.  The  oath  which  they  were  to  take  embraced  thirty 
distinct  affirmations  respecting  their  past  conduct,  extending  even  to 
their  words,  desires  and  sympathies.  Every  person  unable  to  take 
this  oath  was  declared  incapable  of  holding  in  the  State  "any  office 
of  honor,  trust  or  profit  under  its  authority,  or  of  being  an  officei, 
councilman,  director,  trustee  or  other  manager  of  any  corporation, 
public  or  private,"  then  existing  or  thereafter  established  under  au- 
thority ;  or  "of  acting  as  a  professor  or  teacher  in  any  educational 
institution,  or  in  any  common  or  other  school,  or  of  holding  any  real 
estate  or  other  property  in  trust  for  the  use  of  any  church,  religious 
society  or  congregation. ' '  And  every  person  holding,  at  the  time  the 
Constitution  took  effect,  any  of  the  offices,  trusts  or  positions  men- 
tioned was  required,  within  sixty  days  thereafter,  to  take  the  oath, 
and  if  he  failed  to  comply  with  this  requirement  it  was  declared  that 
his  office,  trust  or  position  should,  ipso  facto,  become  vacant. 

No  person,  after  the  expiration  of  the  sixty  days  was  allowed, 
without  taking  the  oath,  "to  practice  as  an  attorney  or  counselor  at 
law,"  nor  after  that  period  could  "an}'  person  be  competent  as  a 
bishop,  priest,  deacon,  minister,  elder  or  other  clergyman  of  any  reli- 
gious persuasion,  sect  or  denomination  to  teach  or  preach,  or  sol- 
emnize marriages."  Fine  and  imprisonment  were  prescribed  as  a 
punishment  for  holding  or  exercising  any  of  the  "offices,  positions, 
trusts,  professions,  or  functions"  specified  without  taking  the  oath, 
and  false  swearing  and  affirmation  in  taking  it  was  declared  to  be 
perjury  punishable  by  imprisonment  in  the  penitentiary. 

A  priest  of  the  Roman  Catholic  church  was  indicted  in  a  circuit 
court  of  Missouri,  and  convicted  of  the  crime  of  teaching  and  preach- 
ing as  a  priest  and  minister  of  that  religious  denomination,  without 
having  first  taken  the  oath,  and  was  sentenced  to  pay  a  fine  of  $500, 
and  to  be  committed  to  jail  until  the  same  was  paid.  On  appeal  to 
the  Supreme  Court  of  the  State  the  judgment  was  affirmed,  and  the 
ease  was  brought  on  error  to  this  court. 


HEALTH  LAWS  OF  KENTUCKY  215 

As  many  of  the  acis  from  which  the  parties  were  obliged  to 
purge  themselves  by  the  oath  had  no  relation  to  their  fitness  for  the 
pursuits  and  professions  designated,  the  court  held  that  the  oath  was 
not  required  as  a  means  of  ascertaining-  whether  the  parties  were 
qualified  for  those  pursuits  and  professions,  but  was  exacted  because 
it  was  thought  that  the  acts  d  I  punishment,  and  that  for  many 

of  them  there  was  no  way  of  inflict ing  punishment  except  by  depriv- 
ing the  parties  of  their  offices  and  trusts.  A  large  portion  of  the  peo- 
ple of  Missouri  were  unable  to  take  the  oath,  and  as  to  them  the  court 
held  that  the  requirements  of  its  Constitution  amounted  to  a  legisla- 
tive deprivation  of  their  rights.  Many  of  the  acts  which  parties  were 
bound  to  deny  that  they  had  ever  done  were  innocent  at  the  time  they 
were  commit  \  the  deprivation  of  a  right  to  continue  in  their 

office  if  the  oath  was  hold  t<>  be  a  penalty  for  a  past 

which  was  violal  Constitution.    The  doctrine  of  this 

in  Pierce  v,  Cai  83  U.  S.,  16  Wall.,  234. 

In  the  second  case  mentioned,  that  of  Ex  parte  Garland,  it  ap- 
>n  the  second  of  duly.  1S62,  Congress  had  passed  an  act 
icribing  an  oath  to  be  taken  I  person  elected  or  appointed 

to  any  office  of  honor  or  profit  under  the  United  States,  either  in 
the  civil,  military  or  naval  dep,  a  of  the  government,  except 

•-•fore  entering  upon  the  duties  of  his  office,  or  before 
being  entitled  to  his  salary  or  other  emoluments.  On  the  24th  of  Jan- 
uary, 1865,  Con  a  supplemental  act.  extended  its  provisions 

so  as  to  embrace  aft-  aid  conns<  the  courts  of  the  United 

This  latter  act.  r  things,  provided  that  after  its 

Imitted  as  an  attorney  and  counselor 

the  bar  of  the  Supreme  Court  after  the  4th  of  March,  1865,  to  the 

bar  of  any  circuit  districl  <'<>urt  of  the  United  States,  or  of  the  court 

of  claims,  or  lie  alb.-.  IT  and  be  heard  by  virtue  of  any  pre- 

.  until  he  had  taken  and  subscribed   the  oath  pre- 

[bed  by  the  act  of  July  2.  1802.     The  oath  related  {..  past  acts,  and 

Lude  fro-  ,  the  courts  parties  who  were 

unable  to  affirm  that  they  had  nol  done  the  acts  specified;  and,  as  it 

could  not  be  taken  1  ns  il  was  held  to  operate 

against  them  as  a  legislative  decree  of  perpetual  exclusion. 

Mr.  Garland  had  been  admitted  t<>  the  bar  of  the  Supreme  Court 
of  the  "Pnited  Stat-  ti8  to  the  passage  <>f  the  act.    He  was  a 


286  HEALTH  LAWS  OF  KENTUCKY 

citizen  of  Arkansas,  and  when  that  State  passed  an  ordinance  of 
secession  which  purported  to  withdraw  her  from  the  Union,  and  by 
another  ordinance  attached  herself  to  the  so-called  Confederate  States, 
he  followed  the  State  and  was  one  of  her  representatives  first  in  the 
lower  House  and  afterwards  in  the  Senate  of  the  Congress  of  the 
Confederacy,  and  was  a  member  of  that  Senate. at  the  time  of  the  sur- 
render of  the  Confederate  forces  to  the  armies  of  the  United  States. 
Subsequently,  in  1865,  he  received  from  the  president  of  the  United 
States  a  full  pardon  for  all  offenses  committed  by  his  participation, 
direct  or  implied,  in  the  rebellion.  He  produced  this  pardon  and 
asked  permission  to  continue  as  an  attorney  and  counselor  of  this 
court  without  taking  the  other  required  by  the  act  of  January  24, 
1865,  and  the  rule  of  the  court  which  had  adopted  the  clause  requir- 
ing its  administration  in  conformity  with  the  act  of  Congress.  The 
court  without  taking  the  oath  required  by  the  act  of  January  24, 
a  condition  of  his  continuing  in  the  practice  of  his  profession  im- 
posed a  penalty  for  a  past  act,  and  in  that  respect  was  subject  to  the 
same  objection  as  that  made  to  the  clauses  of  the  Constitution  of  Mis- 
souri, and  was  therefore  invalid. 

There  is  nothing  in  these  decisions  which  supports  the  positions 
for  which  the  plaintiff  in  error  contends.  They  only  determine  that 
one  who  is  in  the  enjoyment  of  a  right  to  preach  and  teach  the  Chris- 
tian religion  as  a  priest  of  a  regular  church,  and  one  who  has  been 
admitted  to  the  practice  of  the  profession  of  the  law,  cannot  be  de- 
prived of  the  right  to  continue  in  the  exercise  of  their  respective  pro- 
fession by  the  exaction  from  time  to  time  of  an  oath  as  to  their  past 
conduct,  respecting  matters  which  have  no  connection  with  such  pro- 
fesions.  Between  this  doctrine  and  that  for  which  the  plaintiff  in 
error  contends,  there  is  no  analogy  or  resemblance.  The  Constitution 
of  Missouri  and  the  act  of  Congress  in  question  in  those  cases  were 
designed  to  deprive  parties  of  their  right  to  continue  in  their  pro- 
fession for  past  acts  or  past  expressions  of  desires  and  sympathies, 
many  of  which  had  no  bearing  upon  their  fitness  to  continue  in  their 
profession.  The  law  of  West  Virginia  was  intended  to  secure  such 
skill  and  learning  in  the  profession  of  medicine  that  the  community 
might  trust  with  confidence  those  receiving  a  license  under  author- 
ity of  the  State. 

Judgment   affirmed. 


INDEX 


Page 
Abattoirs,  slaughter  houses  and  stock  yards,  rules  and  regulations  for..l82, 188 
Abortion  law,  penalties  for  producing;    fines,  and  murder  in  case  of 

death;     woman    not    an    accomplice 92 

Advertising,  false,  fraudulent  or  for  the  treatment  of  sexual  or  venereal 

diseases  forbidden;  penalties  86,  91 

Adulterations  and  misbranding  of  foods  and  drugs  defined;  penalties..35,  42 
Bltnral    Experiment    Station,    analytical    and    other    health    work 

to  be  done  by  44,  48 

Compensation  for  same  ...  46 

Emergency  laboratories  to  be  equipped   and  operated   during  epi- 
demics         45 

nals,  diseased,  not  to  be  slaughtered  for  fool;    penalties  for  .182,  188 
Carcasses    not    to    be    pal     in    or    near    streams    or  water   sup- 

79,  80,  187,  196 

Penalties  for  •-....     80 

;  narcotic  law,  definitions,  procedures  and  penalties 93,  94 

Antitoxins  for  both  prevention  and  treatment  23,  142 

Assembly  rooms  and  I  199,  200 

Plans  for  to  be  submitted  to  state  board  of  health 200 

Assistant  health  officers  and  assistant   nurses,  provisions  for 19 

Attorneys,   duty   of   county,   district   and    attorney   general    to   enforce 

ith  and  D  WM    22,  23,  27,  35,  79,  86 

Au;i  >  employ  special  attorneys  22,  23,  27 

•  Ties,  buildingi  :»"d  premises,  law  regulating  176,  179 

Bread  and  other  products  to  be  wrapped  179 

Contagious  diseases,  employes  with  barred  from   working  in    .177.  178 

Purity   of  water  to  be  certified   178 

Garbage  and  waste  products  to  be  removed  daily  179 

Standard  of  purity  of  all  materiali  defined  180 

Regulations  tor  176,  180 

en  and  barber  shops,  rules  and  regulations  for 201,  202 

Brushes  an  1  combs  of  203 

Births  and  deaths,  registration  of 96.   112 

.    prevention    of;    duties    of   state,    county    and    city    health 

authorities,  physicians  and  midwives;  penalties 87,  89 

Boarding-houses,  hotels  and  restaurants;  bureau  for  the  regulation  of....     28 

I  •  - 29,  30 

Hub's  and  regulations  for iso,  193 


281  HEALTH  LAWS  OF  KENTUCKY 

Boards  of  health,  county;    appointment  of 24,  26 

Powers  and  duties  of  12,  133 

Rules  and  regulations  for  ,. 133,  215 

Board  of  health,  state;   annual  appropriation  for  10 

Appointment  and  term  of  office  of  members  6 

Bureaus  of  ....-- 3,  10,  11 

Law  creating  and  powers  and  duties  of  under  health  law 6,  73 

Meetings  of 7 

Personnel  of  ; 3 

Powers    and    duties    under    medical    law;    secretary   of   and    term 

of  office  9 

Powers  and  duties  of  in  enforcing  food  and  drug  laws 52,  55 

Quarantine,  powers  of 7,  24,  26,  75,  124 

Rules  and  regulations  of  135,  215 

Bread  and   other  bakery  products  to  be  wrapped  179 

Rules  and  regulations  for  producing  and  handling  176,  180 

Bureaus  of  the  state  board  of  health  3 

Of  hotels  and  restaurants 3,  10,  28,  35,  189,  193 

Of  epidemology  and  bacteriology;  of  food  and  drugs;  of  sanitation; 
of  tuberculosis;  of  vital  statistics;  of  public  health  labora- 
tories   3,   10 

For  the  conservation  of  vision  3,  87,  89 

Of  venereal  diseases  3,  156,  161 

Of  public  nurses 3 

Of  child  welfare  3 

Of  housing  3,   20u 

Burial  cases  or  coffins  not  to  be  sold  until  burial  permit  is  secured 203 

Butter  and  lard;   penalties  for  selling  or  offering  for  sale  if  not  pure, 
or  marked  to  show  true  character  80,  81 

Candling  of  eggs,  rules  regulating;  penalties  for  violating 181 

Candy  or  sweetmeats;   penalty  for  making  or  vending  if  they  contain 
poison   or   noxious    ingredients    79 

Carcasses   of   dead   animals;    penalties   for   putting   in   or   near   water 

courses  or  supplies  79,  80,  196,  197 

Carriers  of  disease  germs,   special  rules   for  150 

Cerebro-spinal  meningitis  made  a  reportable  disease 135 

Minimum  period  of  isolation  136 

Health  management   of  135,  156 

Chicken-pox  made  a  reportable  disease  135 

Period  of  incubation  for;  period  of  isolation 136 

Health   management  of  136,  156 

Chiropodists  and  manicures,  rules   for   201,  202 

City  boards  of  health  23,  24 

Powers  and  duties  of 12,  24,  133,  215 

For  duties  see  also  county  boards  of  health  19,  24,  27,  133,  215 


HEALTH   LAWS  OF  KENTUCKY  289 

city  health  Officers;  provisions  for 23 

Schools  for  11 

For  duties,  powers  of  see  county  health  officers 18,  26,  27,  133.  135,  215 

Cleanliness  of  operations  in  food  establishments  51 

Cleansing,  renovating  and  disinfection  of  a  room  or  house 153 

Letting   of   forbidden   after   infection   until    so    treated,    under    the 

direction  of  the  local  health  officer 151,  153 

Common   carriers;    restrictions   concerning,   and   duties    of   during   epi- 
demics   7,  8,  153,  155 

common  drinking  cups;  public  use  of  unlawful  94,  201 

Common  towels  and  utensils:   public  use  of  unlawful 31,  201 

municable.  infectious  or  contagious  diseases  defined  and  made  re- 
portable   25,  26,  135,  145 

Rules  and  regulations  for  health  management  of 135,  215 

Carriers  150 

re  in  handling  food  of  149 

Exclusion  from  schools  and  gatherings  of 146,  148 

Removal  to  hospitals  or  quarantine  in  149 

Public  funerals  of  dead  forbidden.  156 

Placarding  houses  containing  145,  149 

msing  or  disinfection  of  room  or  house  after 153 

Conjunctivitis,  or  sore  eyes  in  the  new-born  made  a  reportable  disease..  135 
contagious  diseases;  persons  baying  not  to  work  or  handle  food  products     51 
nets  for  specimens  for  analyses  of  all  kinds  sent  by  Agricultural 

.eriment  Station  upon  application  45 

(  ontamination  of  streams;   penalties   [or  79,  80 

I  ounty  attorneys;   duties  of  under  health  and  medical  laws  defined, 

22,  23,  27,  35,  43,  79,  86 

:ity  boards  of  health;   appointment   of  24,  26 

Lowers  and  duties  of  24,  27 

Rules  and  regulations  to  enforce  .  133,  215 

Offices  a ii< i  laboratoriee  fa  19 

nty  departments  of  health;  provisions  for  13,  22 

Rules  and  regulations  for  133,  215 

Offices  and  laboratories  for  19 

•  onnty  health  Officers  and  assistants;  provisions  for  18,  22,  25,  26 

Compensation  for  18,  19,  25,  26 

officers  and  laboratory-   for 19,  SO 

Duties  and  power-,  of  18,  22,  25,  26,  27,  33,  SIS 

Rules  and  regulations  for  bim  to  enforce  133,  215 

ools  for;  provisions  for  maintaining  11 

To   keep    minutes,   make    reports   and   publish    pertinent   rules   from 

time  to  tine-  133.   134 

Qperrise  and   inspect  schools,  water  supplies,  theatres  and  all 
other  matters  and  places  affecting  henith  is,  si,  183,  S16 

H.  L.— 10 


290  HEALTH  LAWS  OF  KENTUCKY 

County  nurses,  visiting;  state  aid  for  112,  115 

Court  decisions  under  health  law , 213,  256 

Under  medical  law   -262,  275 

Cream  and  milk;  requirements  of  production  and  handling 163,  176 

Croups — membranous,  diphtheria — made  a  reportable  disease 135 

Minimum  period  of  isolation  136 

Rules  and  regulations  for  protection  of  community  against 136,  156 

Cuspidors  and  spitting  in  food  establishments  51 

Dairy  farms,  through  physicians  or  owners  or  operators  shall  immedi- 
ately report  any  case  of  diphtheria,  scarlet  fever,  poliomylitis, 
typhoid  fever,  septic  sore  throat,  or  other  communicable  disease  to 

health   officer ... 14] 

Dairies;  rules  and  regulations  for 163,  176 

Buildings  and  premises  163,  166 

Requirements  for  producing  and  handling  milk  products  in 164,  176 

To  be  systematically  inspected  and  scored  168 

Communicable  disease  on  premises;  health  officer  to  be  notified. .165,  144 

Kentucky  sanitary  privy  required  if  not  connected  with  sewer 165 

Dead  animals;  penalties  for  placing  in  or  near  streams 19,  80,  196,  197 

Dead  bodies;  transportation  of;  rules  and  regulations  for 209 

Deaths  and  births;  registration  of  96,  112 

Decisions  of  courts,  under  health   laws   213,  256 

Under  medical'  laws  262,  275 

Departments  of  health,  county  and  district;  how  established  and  main- 
tained  12,  24 

Diphtheria — membranous    croup — made    reportable 135 

Antitoxins,  use  of  for  prevention  and  treatment;   free  antitoxin  for 

the   indigent   20,    42 

Minimum  period  of  isolation  for 136 

Specimens  to  be  sent  for  culture  to  laboratory  141 

Rules  to  be  observed  for  the  protection  of  the  community 136,  156 

Funerals  of  the  dead  from  must  be  private  156 

Diseased  persons  having  any  contagious,  infectious  or  communicable 
sickness,  or  articles  or  things  infected  by  them,  shall  not  be  moved 
from   any  room   or  house  without  permission  from  the   health   of- 

cer  143,  144 

Diseased  animals,  stock  yards  and  slaughter-houses;  rules  for 182,  188 

Disease  germ  carriers;  special  rules  for  150 

Disinfection,  cleaning  and  renovating  of  a  room  or  house 151,  153 

In  hotels  191,  192 

In  railway  or  sleeping  cars  and  stations  194,  195 

Letting  or  use  of  infected  rooms  forbidden  until  so  treated  151,  153 

District  or  county  departments  of  health;  how  established  and  main- 
tained   : 12,  24 

Division  of  fees  unlawful  by  physicians  95,  96 


HEALTH   LAWS  OF   KENTUCKY  291 

Drinking  cup  law;   definitions  and  penalties 94 

Druggists;    treatment  of  venereal  diseases  by  unlawful   16u 

lTiigs,  rules  relating  to  206,  208 

How  formulated  42,  203 

Dysentery,   amoebic,   bacillary   or   epidemic,    made   reportable 135.  137 

Eggs,  candling  of  required;  rules  and  regulations  concerning;  penalties..  181 

Families,  heads  of  to  report  communicable  diseases 25,  135,  163 

Feeble-minded,  law  relating  to  45,  13:5 

Aiding  or  abetting  marriage  unlawful   129 

b;    division  of   between    physicians    unlawful    95,    96 

Fiscal  courts;   powers  and  duties  of  in  creating  county  and  district  de- 
partments of  bealth  13,    19 

Flies;  breeding  of  to  be  prevented  by  weekly  removal  of  manure  from 

all    stables   205 

By  screening  bakeries  177 

Hotels,  boarding  houses  and  restaurants  190 

Slaughter-houses   188 

Hospitals  and  siek  rooms  138,  156 

L  and  drills,  adulterations  and   misbranding   Of  35,  42 

Analyses  of 33,  44 

Bureau  of  ....         3,  10,  35,  48 

Definitions,  labeling  and   weights  33,   48 

Cuspidors  and   rules  against    spitting    m    places   whore   food    is   pro- 
duced or  handled  51 

Persons  with  venereal  or  other  Infectious  diseases  not  to  be  em- 
ployed  in  51 

Rules    for  -.163.    !!••'. 

conditions   essential    in;    sanitary    privies   and    toilets    and 
sewers  and  toilets  and  sewer  connections  and  fly  screens  for.. 48,  55 

funerals,   public,    when    forhi  iden  156 

Heads  of  families,   hotels,  boarding  and  lodging  houses  to  report  com- 
municable  or  contagious   diseases   140 

is.  practice  of  defined,  and  provision  made  for  impartially  examin 

ing  and  legalizing  all  systems  260,  261 

Itta   laws  6,  112 

Court  decisions,  construing  213,  256 

Health  officers,  city;  duties  and  powers  same  as  those  of  counties 23,  24 

Election  of  and  term  and  tenure  of  office  and  salary  23,  24 

Rules  and   regulations  governing  133,  215 

lth  officers,  county;  election  of  and  compensation  for  12,  25,  26 

Powers  and  duties  18,  19,  22,  24,  26,  27,  133,  134,  199 

Assistants  for;  offices  and  laboratories  for  19 

Picture  shows  and  ot !  -iuties  concerning     134 

Reports  of  12 

ools   for  11 


2S2  HEALTH  LAWS  OF  KENTUCKY 

School  inspection  and  supervision  of  20,  21 

Serums  and  vaccines;   when  duty  to  supply  ID,  20 

Supervision  of  water  supplies 20,  21 

Of  nuisances  27 

Powers  and  duties  of  in  enforcing  food  laws  52,  55 

Health  officers,  inspectors  or  nurses  shall  not  be  obstructed  or  inter- 
fered with  in  the  discharge  of  their  official  duties  144 

Health   retorts   and    camps;    physicians,    nurses    and    managers    of    to 

promptly  report   communicable   diseases   140 

Sanitary  privies  required  for  201 

Hogs  not  to  be  kept  in  towns  or  cities  during  the  warm  season 203 

Honey;  penalties  for  selling  manufactured  or  adulterated  article  unless 

so  labeled  8tf 

Hotels,  restaurants,  rooming  and  boarding  houses,  bureaus  for  28,  35 

Certificates  and  fees  for 28,  30 

Revocation  of  certificates;  hearing  33,  35 

Rules  and  regulations  and  requirements  for 30,  34,  189,  193 

Toilets,  sewer  connections  and  sanitary  privies  for 31,  192,  201 

Infantile  paralysis — poliomylitis — made  a  reportable  disease  135 

Period  of  incubation  in  136 

Period  of  isolation  for  136,  137 

Rules  and  regulations  for  the  protection  of  the  community  in....l35,  156 

Infectious,  contagious  and  communicable  diseases  all  made  reportable.... 135 

Period  of  incubation  in  and  isolation  for  136 

Rules  and  regulations  to  be  observed  in  for  the  protection  of  the 

community  136,  156 

Cleansing  and  disinfection  of  rooms  after 151,  153,  190,  192 

Influenza   made  a  reportable   disease   135 

Authority  of  health  boards  to  close  churches  and  other  places  where 

the  public  gather  sustained  by  court  decision  251,  256 

Rules  and  regulations  for  the  protection  of  the  community  in  so 
far  as  they  may  apply 135,  156 

Isolation,  minimum  period  for  in  communicable  diseases  136,  137 

Authority  for  sustained  by  court  decisions  221,  256 

Itinerant  nostrum  vendors  must  be  licensed 260 

Kentucky  sanitary  privy,  cuts  and  plans  for 204 

Required  for  all  dairies 165 

Health  resorts;    court  houses  205 

Hotels --......-  192 

Railway   stations   195 

Schools   : 162 

Slaughter-houses 192 

Other  public  places  not  connected  with  public  sewers  205 

Laboratories  of  State  Experiment   Station,  duties  of 44,   48 


HEALTH  LAWS  OF  KENTUCKY  293 

Lard  and  butter;  penalties  for  selling  or  offering  for  sale  if  not  pure,  or 
marked  to  show  true  character  80,  81 

Manicurers  and  chiropodists  201,  202 

Manure  from  every  public  stable  to  be  hauled  out  each  week 205 

Marriage  of  feeble-minded  persons;  aiding  or  abetting  of  forbidden 129 

Measles  made  a  reportable  disease 135 

Period  of  incubation  of  136 

Minimum  period  of  isolation  for  136,  137 

Rules  and  regulations  to  be  observed  for  the  protection  of  the  com- 
munity   135,  156 

Funerals  of  dead  from  to  be  private  156 

Measles,  German,  made  a  reportable  disease 135,  137 

Rules    to    be    observed    for    the    protection    of    the    community 
against  135,  156 

Medical  law  256,  261 

Court  decisions  under  262,  276 

Midwives  must  register  105 

Duty  of  to  report  every  death  104,  111 

To  report  all  eye  diseases  in  the  new  born 87,  89,  138 

Milk,  certified,  requirements  for 163,  176 

Pasteurization  of,  rule  for 170 

Milk  and  cream,  certified   ..  171 

Definitions  of .....  170 

Permits  for  dealers  and  handlers  167 

Pasteurization   of   170 

Grades   170,176 

Per  cent  of  butter  fats,  solids  and  water  166,  167 

Cold  storage  for  176 

Tuberculin  and  other  tests,  of  cattle  producing,  authorized  by  court 
decision  238 

Mumps  made  a  reportable  disease  135 

Period  of  incubation  136 

Rules  and  regulations  for  health  management  of 135,  160 

Narcotic  law;    definitions,  procedures  and  penalties  93,  94 

Nostrum  vendors  must  be  licensed  .  260 

Nuisances;  authority  and  duty  of  health  officials  regarding 6,  27 

Methods  of  procedure  and  forms  of  notice  197,  199 

As  applied  to  houses  of  prostitution 82,  86 

Nurses  as  assistants  for  county  and  city  health  officers;  provision  for. .     19 
County  visiting;  law  providing  state  aid  for 112,  115 

Opthalmia,  sore  eyes  in  the  new  born;  duty  of  physicians  and  midwives 

to  prevent v 87 

Prompt  treatment  and  immediate  reports  required  under  heavy  pen- 
alties    87,  88,  135,  137 

nstonpath*!.   law   rolatinp  to  259,  261 


294  HEALTH  LAWS  OF  KENTUCKY 

Pellegra  made  a  reportable  disease 135,  137 

Physicians,  certificates  to  practice,  how  obtained.. 256,  261 

Care  of  person  in  handling  infectious  diseases 145 

Duty  of  in  reporting  and  diagnosing  communicable  diseases....25,  135,  156 

Under  vital   statistics  law   96,  111 

Under  venereal  disease  regulations  156,  160 

In  reporting  communicable  disease  on  dairy  farms  166 

Communications  with  patients  privileged Ill 

Itinerant  practice  unlawful  25S 

Duty  under  the  law  for  the  prevention  of  blindness 87,  89 

Division   of  fees   unlawful   90,    96 

Placarding  of  houses  in  communicable  diseases  145,  146 

Penalties  for  interfering  with  146 

By  common  carriers  153,  154 

Plague  made  a  reportable  disease  135 

Regulations  for  protecting  community  against  135,  156 

Pneumonia,  acute  lobar,  bronchial  or  lobular,  made  reportable 135,  137 

Regulations  for  protecting  community  against  135,  156 

Poliomyletis — infantile  paralysis — made  a  reportable  disease 135,  142 

Period  of  incubation  in,  and  isolation  for  136,  137 

Regulations  for  the  protection  of  the  community  against  135,  156 

Picture  shows  and  ether  theatres 199,  200 

All  plans  for  to  be  submitted  to  state  board  of  health  for  approval....  200 

Preserves  or  canned  fruit,  vegetables,  packed  goods,  maple  syrups  or 

other  articles;  penalties  for  selling  if  not  pure  or  honestly  labeled....     81 

Privileged,  relations  and  communications  between  physician  and  patient..  Ill 

Privy,  Kentucky  sanitary,  required  for  all  dairies  165 

Hotels  192 

Railway   stations ....---- — -  19b 

Schools  162 

Slaughter-houses  , 192 

Other  public  places  not  connected  with  public  sewers  201 

Prostitution  and  lewdness;  buildings  and  contents  where  permitted  de- 
clared a  nuisance,  and  prosecuting  attorneys  or  any  citizen  may  en- 
join;   procedures  and  penalties  82,  86 

Fublic  health   nurse  law 112,  115 

Public  health;  penalties  for  offenses  against  76,  82 

Including  sale  of  diseased  or  substituted   fish  or  unwholesome  or 

adulterated  bread,  drink  or  medicine 76 

Watered  or   adulterated   milk,  cream,   cheese  or   milk  from  which 
cream   or    butter   fat   has    been,  removed,   or   misread;    testing 

apparatus  for  77,  78,  167,  176 

Duty  of  county  and  district  attorneys  to  prosecute  76 

Other  offenses  against  197,  199 


HEALTH   LAWS  OV  KENTUCKY  295 

Hospitals,  asylums  and  all  other  public  institutions  to  report  com- 
municable diseases  139 

Public  places;   spitting  in  is  forbidden  200 

Public    water   supplies;    regulations   for 196 

State  board  of  health  to  approve  plans  for  196 

ran  tine;   authority  of  state  board  of  health  to  establish 6,  8 

Authority  of  state  line  counties  to  quarantine  subject  to  approval  of 

state  board  of  health  26,  27 

In  all  communicable  diseas  for  quarantine  and  isolation.. ..135,  156 

Special   rules  tor  smallpox 148 

Power  to  quarantine  sustained  in  long  lino  of  court  decisions 213,  276 

Rabies  ma  le  a  reportable  disease  135,  137 

•initiation  and  pasteur  treatment   furnished  44,  48 

Railroads    and    other    common     carriers;     restrictions     concerning    and 

duties  of  during  epidemics  7,  8,  168,    155 

Sanitary  priries  required   for  all  stations  not  connected  with  public 

195,  201 

D  when  oci  u;>ied  195 

Placarding  of  for  communicable  diseases  .153,  154 

Registrars,  state  and  local;  powers,  duties  and  tees    ...96.  112 

Keg:                             rtha  and  deaths                                                               96.   li- 
nts, hotels  and  boarding  houses,  law  regulating  28,  35 

ID  1    tees  30,   35 

Rules  and  regulations  lor  .",0,  34,  189,  193 

a  after  communicable  diseases  151,  LBS,  191,  192 

•  if  forbidden  without* permit  from  health  officer  153 

Rule  -illations  133,   215 

Authorit]  boards    Of    health    to    make    and 

:,  B,  84,  26,  28,  84,  12,  15,  72,  L06,  118 

COU  sustaining  such   authority  218, 

of  forbidden  food  or  drug  intended  or 

:  for  human  consumption  208 

.  county  or  district;  authority  of  fiscal  courl  to  establish  and 

nt  a  in  55,  61 

PKX  to  act  57,  61 

trustees  for  60,  73 

irintendanl  tor,  and  duties  of  66,  69 

Tru  69 

By  tawi  for  69,  72 

Only  resi  te  to  be  admitted  70 

Free  and  pa]  to,  72 

Treasurer,  duties   of  68 

•  -    and    taxes    for  62 

Donations  and  other  tun  Is  in  iy  be  accepted  72,  73 

I  low   two  or  more  counties  mav  unit.-  lor  58,  59 


296  HEALTH  LAWS  OF  KENTUCKY 

How  other  counties  may  join  in  58 

Election  to  establish 57,   59 

Site  and  plans  for  to  be  approved  65 

Sanitary  privy,  Kentucky;   cuts  and  plans  for  204 

Required  for  all  court  houses  205 

Dairies   165 

Health  resorts;  hotels  192 

Railway  stations   195 

Schools 162 

Slaughter-houses   192 

All  other  public  places  not  connected  with  a  public  sewer  205 

Saponin,  use  of  forbidden  in  any  beverage,  food  or  drug  intended  for 

human  consumption 288 

Scarlet  fever — scarlatina — made  a  reportable  disease 135 

Period  of  incubation  in 136 

Period  of  isolation  for  , 137 

Rules  to  be  observed  for  the  protection  of  the  community 136,  156 

Schools,  inspection  of;  duty  of  county  and  city  health  officers  to  make..     20 
Exclusion  from,  of  persons  affected  by,  or  from  homes  where  com- 
municable  disease   exists,   including   the    unvaccinated   and   tuber- 
culous  147,   162 

To  be    visited  by  and  under  supervision  of  health  officer  20 

Water  supply  to   be  analyzed  20 

Kentucky  sanitary  privies  required  for  schools  not  connected  with 

public  sewers  162,  205 

Parents  to  be  notified  of  disease  or  physical  defects  revealed  by  in- 
spection         20 

Schools  for  county  and  city  health  officers  11 

Attendance  required  and  expenses  provided  11 

Septicemia,  puerperal,  made  a  reportable  disease 135,  137 

Sleeping  cars,  rules  and  regulations  for  193,  195 

Disinfection  of;  spittoons  for  193,  195 

Blankets,  curtains  and  mattresses  to  be  steamed  every  ten  days....  195 

Sleeping  in  food  establishments  forbidden 51 

Slaughter-houses,  stock  yards  and     abattoirs;    rules    and    regulations 

for  182,  188 

Smallpox  made  a  reportable  disease.. 135 

Penalties  for  importing  into  state,  for  going  where  smallpox  is, 
for  wilfully  spreading  or  for  going  upon  any  public  highway  or 
conveyance,  or  to  any  place  where  people  are  accustomed  to  as- 
semble   78,  75 

Regulations  relating  to  135,  150 

Court  decisions  sustaining  authority  of  health  boards  to  control..213,  256 

Soft  drinks,  milk  and  cream,  rules  for 167,  169,  170 

Utensils  to  be  cleaned 170 


HEALTH  LAWS  OF  KENTUCKY  287 

Premises  to  be  kept  in  sanitary  condition  -. 170 

Use  of  sacharin  or  saponin  in  is  forbidden  205 

Sore  throat,  septic  or  streptoccic,  made  reportable  disease 135,  137 

Rules  and  regulations  to  be  observed  for  the  protection  of  the  com- 
munity   135,  156 

Spitting  in  food  establishments  forbidden  51 

Spitting  on  floors  and  walls  of  railway  cars,  stations,  court  and  school 
houses,  sidewalks  and  other  public  places  forbidden 194,  200,  203 

Stables,  public  and  private,  in  incorporated  cities  and  towns  must  have 
manure  hauled  away  each  week  to  prevent  breeding  of  flies,  and  this 

advised  for  all  farms 205 

tfl  aid  for  county  nurses  112,  115 

>tate  board  of  health,  appointment  and  term  of  office  of  members 6 

Annual  appropriation  for  10,  12 

Bureaus  of 3 

Duties  of  under  health  laws   5,  133 

Under  medical  laws  256,  261 

Under  its  rules  and  regulations  133,  212 

Court  decisions  under  health  laws  213,  156 

Under  medical  law  262,  276 

Meetings  of  8,  258 

Secretary,  election,  duties  and  salary  of 9,  10 

Stations   for  all  railway  and   interurban   roads   must  be   provided 

with  sanitary  privies 176,  205 

>'  registrar  of  vital  statistics,  how  chosen,  term  of  office 97 

Powers   and  duties 98,  111 

Stock  yards,  slaughter-houses  and  diseased  animals,  rules  and  regula- 
tions for 182,  188 

Streams,  contamination  of  forbidden  79,  196,  197 

Penalties  for  80 

Teachers  in  public  or  private  schools  to  report  all  cases  of  communi- 
cable diseases  138 

Theaters  and  picture  shows  199,  200 

Plans  for  to  be  submitted  to  state  board  of  health 200 

Toilets;  Kentucky  sanitary  privies  required  for  all  dairies  165 

Hotels  192 

Railway   stations  •••• 195 

Schools  * 162 

Slaughter-houses 192 

Other  public  places  not  connected  with  public  sewers 201 

Towels,  common,  forbidden  201 

Tracoma  made  a  reportable  disease 87,  88,  135 

Rules  and  regulations  to  be  observed,  in  so  far  as  they  may  apply, 

for  the  protection  of  the  community 135,  156 

IttMl  of  tuberculosis  saniforia.  how  selected  ©0,  61 


29 S  HEALTH  LAWS  OF  KENTUCKY 

Powers  and  duties  of  60,  71 

Annual  estimates  by  62,  63 

Authority  to  make  by-laws 69 

To   borrow    money    — -     66 

Tuberculosis  a  reportable  disease  - 135 

Powers  and  duties  of  the  state  board  of  health  55,  133,  156 

Bureau   for   the   prevention    of    10,    55 

Cooperation  with  national  and  other  authorities  72,  73 

Campaigns  of  education  regarding  55 

Local   associations,   sanitoria,   hospitals  and   dispensaries  for 56 

To  recommend  trustees  and  employes  for  55 

To  visit  public  and  private  sanitoria  57 

Fiscal  courts  may  establish  and  maintain  sanitoria 55,  61 

Procedure  when  fiscal  court  fails  or  refuses  to  act 59,  61 

Election   to   establish    * 57,   59 

Clinics  and  dispensaries  66 

Tuberculosis,  special  duties  of  health  officers,  physicians  and  the  public 

concerning  lj?0,  151 

Rules  and  regulations  for  the  preventing  of,  in  so  far  as  tney  may 

apply  135,  156 

Typhoid  and  para-typhoid  fever  to  be  reported  135 

Free   vaccines  for  prevention   of  when   department   of   health   and 

all  time  health  offices  exist  20 

Typhus  fever  ms>de  a  reportable  disease  135 

Rules  and  regulations  to  protect  the  community  against,  in  so  far 
as    they    may    apply    135,  156 

Undertakers,  duties  of  under  the  vital  statistics  law  99,  11 

Duties  of  in  handling  the  dead  of  communicable  diseases  155,  156,  199 

In  transportation  of  the  dead  212,  214 

Vaccination,  laws  relating  to 73,  75 

Free  - 74,  149 

Duties  of  parents  and  guardians  regarding  73,  74 

Qi  fiscal  courts  snd  city  councils  73,  74 

Cpvaccinated  persons  not  to  be  admitted  to  any  school  as  teacher 

or   pupil 162;  163 

Or  given  employment  to  by  any  employer  of  labor  162,  163 

Only  fresh,  pure  virus  to  be  used  ' 74 

Court  decisions  concerning  213,  256 

Venereal  diseases  to  be  reported 156 

Patients  to  be  given  full  information  156 

Laboratory  examination  in  every  case  ' 156 

Protection  of  public  by  quarantine  or  otherwise  authorized 157 

Unlawful  for  druggists  to  treat  cases 160 

Reports  and  records  of  cases  secret  161 


HEALTH  LAWS  OF  KENTUCKY  299 

Unlawful  to  employ  persons  afflicted  with,  in  producing  or  handling 

any  food  products  51 

To  advertise  to  treat  or  cure 86,  91 

Rules   and   regulations   lor 156,  161 

Vesscis  and  crafts  of  all  kinds  on  waters  in  or  bordering  on  Kentucky, 
through  person  in  charge  to  report  every  case  of  communicable 
disease,  and  obey  regulations  for  same 7,  8,  140 

Vfcitlng  county  nurse  lnv  112,  115 

Viral    statistics,    bureau   of  3,   10 

Law  provided  for  registration  of     96,  102 

Vinegar,  penalty  tor  selling  If  not  properly  labeled,  branded  or  marked, 

an  i  true  to  such  labeling  80 

ter   supplies,  public,  rules  and   regulations   for 196.  197 

Plans,  sites  and  BO  mast  be  approved  by  the  state  board  of 

health  156,  157 

Whooping  cough  made  a  reportable  disease  135 

Period  o!  Incubation  136 

Minimum  period  of  isolation  137 

Rulei  to  be  observed  to  protect  health  and  lives  of  Other  children 

and   people  135,  256 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 
BERKELEY 

Return  to  desk  from  which  borrowed. 
This  book  is  DUE  on  the  last  date  stamped  below. 


FEB  25  1964 
APR    21964 


\^ 


LD  21-100m-7,,52(A2528sl6)476 


